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Vinu (executive)     22 August 2012

Submission of evidences in appelate court

Dear All,

Husband went for appeal against the ex-parte interim maintenance order on 29.5.2012 of Rs.10,000 per month with living right to the wife in the matrinomonial house. so far no maintenance given by the husband.Filled for the execution of order but magistrate said respondent went for appeal.

1.No income proff is submitted. But the husband is running a successful business and wife mentioned his income as Rs.1,0000 pm.

2.Wife is educated and started a business last year but claimed that she can not run the business and stopped due to his harrasment.

3.husband stated in counter file that they are mutually separated for a year, but the wife having strong evidences to prove this as false statment. They lived together in the matrimonial house upto march-2012.

4.The only property is the matrimonial house in the name of husband that is under monthly loan. Now the wife lives alone in the that matrimonal house with 2 girl babes.

At this stage my question is

a) how about the chances to get the interim maintenance? the wife filled petition for the execution of order but the magistrate stated that the respondent went for appeal. Will he get stay/cancel of order  based on his counter filled, allegations made on wife?

b? when the evidences against the counter/allegations can be submitted in the appeal court?

c) what is the maximum duration fo this interim maintenance order ?

Expecting your soonest reply.



Learning

 2 Replies

Tajobsindia (Senior Partner )     22 August 2012

 

 

Originally posted by : Vinu

 

At this stage my question is

a how about the chances to get the interim maintenance? the wife filled petition for the execution of order but the magistrate stated that the respondent went for appeal. Will he get stay/cancel of order  based on his counter filled, allegations made on wife?
Take: Wait and watch too suicidal to comment anything without seeing the appellate matter and wife’s counters.

b when the evidences against the counter/allegations can be submitted in the appeal court?
Take: He jolly can very well do that as trial court gave
PO's ex-party !

c what is the maximum duration fo this interim maintenance order ?
Take:
PO's are meant for the life time of ‘wife’ and closes with decree in divorce. For children unto they attaining age of majority 

 

 

1 Like

rajiv_lodha (zz)     22 August 2012

c what is the maximum duration fo this interim maintenance order ?
Take:
PO's are meant for the life time of ‘wife’ and closes with decree in divorce. For children unto they attaining age of majority

If PO gives residential rights to wife & hubby gets divorce on cruety grounds after 2 yrs, then how to evacuate her fro shared household?


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