All About Maintenance and Interim Maintainence

Here is the summary or you may say links to all my posts which will enhance your Knowledge on Maintenance and Interim maintenance. Wondering how courts assess the maintenance and Interim maintenance amount here is post and 125 CrPc.

There are some landmark and important judgments on maintenance which would help you to fight and here is the post which will help to reduce maintenance amount. so if you are thinking of going for revision against 125 order, here is the post which shows the scope of revision in cases of 125 Crpc. Alteration of maintenance amount ordered by court is also possible.

So is Maintenance awarded to working wife and maintenance to husband is also possible if husband is working.

Here is a strategy to win the interim maintenance/maintenance case. Strategy  bargain the mainteinance amount

Thanks & Regards,

Advocate Nitish Banka

9891549997

 

Startup-India, Getting letter of recommendation

Start-Up India initiative as initiated by PM modi and in my earlier post I had discussed about the scheme benefits and funding part-1 is here and part 2 here.

So as per the notification by the government first step you need to take is recommendation from incubators, here is the link which shows various incubators in India who are authorized to give you the recommendation needed to register yourself for the startup.

Now I visited one of the incubators here are the documents they need.

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How to win interim maintenance case

5 Steps To Win The Interim Maintenance

InterimMainInterim maintenance can fight with different ways it is mostly depend upon the type of party, type of lawyer and other factor and it change case to case basis, but as per my observation few are the useful point to fight the Interim Maintenance.

5 steps to win the interim maintenance

1. Capable of working ( Add the info past and present job details )
2. Well Qualified ( add the info of her education )
3. Prima Face Case
4. Approach the Court with Unclean Hand
5. Deserted to Husband without sufficient cause

Following are the Ground for the Argument
1. Before passing interim Maintenance necessary expenses which must be deducted like ( PF, Income tax, Insurance, Home EMI, any kind of Loan )
2. Need to explain Father and mother is also your responsibility
3. Prima Face case : Explain to court from so and so date we are not living as husband and wife and not sharing the same house
4. Judgment should be passed from date of order not the date of filling the application
5. Show some of incident that Wife lies to court.
6. How she is able to survive in society from so and so date without any maintenance
7. Burden of Proof lies with applicant
8. Child is joint responsibility

What are the proof need to attached with the Interim WS
1. Her Education background and certificate
2. Her Job details like ( Bank passbook, IT return, Salary slip )
3. Her other investment detail ( Mutual fund, Insurance, property etc )
4. Few Citation which is matching your case ( Citation should be from same state for more impact )
5. Expanse report from your side
6. Your Medical certificate and your father and mother medical certificate along with expanse

Following are the Precaution while fighting for Interim Maintenance
1. Expose of Evidence : Do not expose your important evidence to other party at this stage
2. Never do Oral Argument : All the arguments should be Written argument , supported with your oral argument
3. Do Not Delay the Case: Do not delay the interim maintenance case for long time.
4. Proper Ground for Fight: Do not fight Interim on wrong ground, it is mainly depended upon both spouse salary and leaving standard in society.
5. File the production of document application
6. If she filed your wrong salary and with huge amount, it is good idea to shared your salary slip with court explaining the true information.
7. Do the proper argument for Cross of opposite party before passing the order
8. Never disclose your  strategy to opposite party.

Important point to understand.
1. Before passing any order, Court has to make sure Domestic violence has happen to Applicant
2. Before passing any order, court should consider any Incident report or DIR report
3. Never filed the RCR, most of the time it will backfire. RCR is not useful

Interim Maintenance to Working wife

A Delhi court has said that even a working wife is entitled to interim maintenance from her estranged husband irrespective of differences in their earnings.

The court made the observation while awarding Rs.35,000 interim maintenance to a woman who blamed her husband of forcing her to perform unnatural sex and depriving her of proper diet for having brought inferior quality gifts for his family.

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Transfer Petition in Supreme Court-How to defend?

When wife files the transfer petition in Supreme Court usually husband is defenseless, although husband receives the summons from the Supreme Court if the transfer is from one state to another, here are some of the judgements which can help

 

In Gayatri Mohapatra v. Ashit Kumar Panda : (2003)11SCC731 , the Supreme Court having found that the wife being a Director in a Company run by her mother traveled from place to place and could not be permitted to state that she was incapable of travel as a ground to seek transfer of the husband’s caseIn Teena Chhabra v. Manish Chhabra (2004) 13 SCC 411, the Supreme Court accepted the husband’s offer to bear the expenses for the travel, boarding and lodging of the wife and dismissed her transfer petition on the ground that she had no source of income to travel.

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Funding through Startup India-Part-2

As, you became a recognized startup by following the process mentioned in the part one of my earlier post, now its time to cash in the real money that is the funding.

In order to provide funding support to Startups, Government will set up a fund with an initial corpus of INR 2,500 crore and a total corpus of INR 10,000 crore over a period 4 years (i.e. INR 2,500 crore per year) . The Fund will be in the nature of Fund of Funds, which means that it will not invest directly into Startups, but shall participate in the capital of SEBI registered Venture Funds. Key features of the Fund of Funds are highlighted below:

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Startup Funding through Startup India-Part-1

Recently Pm Modi had announced the scheme related to Startups and extended his support towards innovation, its a very good step considering in mind a lot of startups are emerging and they need some sort of support to survive. the StartUp India initiative includes benefits like tax exemption,funding,relaxation and support in registration of intellectual property.

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