Maintenance in dv case

Magee (Querist) 22 July 2014 This query is : Resolved
Sir,
I filed DV case against husband in may 14,. My husband working out of india , after notice his lawyer come every time in court. Then I filed maintenance application in june 26 then judge given me next date 18 july but this date my husband lawyer not present in court, so court give me next date 18 aug.

So my question is what is going on . My husband lawyer try to delay my maintenance application .what is court processor about maintenance …. When court will be decided the maintenance & when my husband attend the court hearing. He was easily spend life out of India & I am suffering with my son in here .

Can any processor to court given any order to my husband attend the hearing in court.

Please Help,

Follow Query

Report Abuse

ajay sethi (Expert) 22 July 2014
your husband presence in not necessary if he is represented by lawyer . court will award you maintenance from date of application .

maintenance applications take around 6 months to 1 year to be decided

Magee (Querist) 22 July 2014
Thanks very much ...

Nadeem Qureshi (Expert) 22 July 2014
Dear Querist
if he has filed his reply then the next stage is argument on interim application of maintenance.
the court have power to passed an order for his personal presence.

V R SHROFF (Expert) 22 July 2014
IF YOU HAD FILED APPLI U/S 23 OF dv aCT, U CAN GET Interim MTN WITHIN 60 DAYS..

Devajyoti Barman (Expert) 23 July 2014
Ask the court to pass speedy order. Court can do so.

ajay sethi (Expert) 23 July 2014
magistrate courts are over burdened . hence it takes time to pass orders on interim maintenance . thanks for your appreciation

Raj Kumar Makkad (Expert) 23 July 2014
DV Act cases have also become routine cases in the courts which do require sufficient time to get its disposal.

V R SHROFF (Expert) 30 July 2014
Advocates are still not using tact's available to CIVIL SUITS, for delay...
I fight for husband and no wife reced Mtn, even after years ----

DV is neither criminal , nor civil : or both
Husbands can take full advantage of this fact,,, Though Magistrate have ample power, and no strict cpc, crpc to follow..