Regarding Interim order
Sk Rajjak Hossain
(Querist) 25 April 2018
This query is : Resolved
Wife has filed 498, maintaince 125and DV cases against me and my family.
All thease case till pending.
Now she filed Divorce and Execution under 125(3).
In DV case before SR she has managed court and arranged a interim order@4000/-
Once i hvae appeared on single notice i have seen that order. I hvae made a w/o and order modification application on same court and same magistrate. These objections has been accepted and court has fixed a date for hearing. After that wife has made her haziran on every date but her advocate not attending timely...so that hearing is still pending. Now she changed her advocate appoint new advocate who has started his duity with filed a Exec case, am have received a show cause notice that why i have not paid the interim payment.
Now my point is that :-
1) Is that interim order is valid as per law
2) Before issued a notice court can passed that interim order.
3)on same court can accept the order modification application.
4) what is best way to stay this show cause notice and interim payment till prove the violance has been done my myself against wife.
Kindly suggest and provide me any ref for my case which would be helpful on my case.
Ms.Usha Kapoor
(Expert) 25 April 2018
You'll have to satisfy DV court orders first.You'll have to pay interim maintenance as per DV court order in IA.The same court can accept order modification application from you. However The DV court should have issued prior notice to you before passing interim orders of payment.After regularly paying monthly interim maintenance you can prove that you are not guilty of domestic violence and it is a false case.
