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Girish (Senior Manager Operations)     16 April 2013

Interim maintenance

 

Kindly provide some information about “Interim Maintenance Application”.

 

I married before 9 months & I have now filed a case with Family court under Sec 12 (a) (c) for Marriage nullity. My wife stayed with me only for 32 days and that the marriage has not been consummated owing to the importance of the respondent.

 

I don’t want to give any chance to my darling wife to file any case against me under CrPC 425. May I put an application in Family Court and start paying her interim maintenance amount?

 

Option 1 – I have to convince her for filing a divorce with mutual consent

 

Option 2 – I have to fight out court cases. She might file fake cases under Section 498A, DV & CrPC 425.



Learning

 2 Replies

Tajobsindia (Senior Partner )     16 April 2013

I differ to opinion of @ Need Justice

1. Your case is still pending in a Family Court, hence respondent (wife) has right to file and seek Interim Maintenance till case is decided. It is other matter based on materials (oral and documentary) before Court she may or she may not get interim maintenance. The proceeding under S. 24 of the Act is an original matter in the nature of such / a suit.

2. If voluntarily you want to pay Interim Maintenance then same need to be allowed from ld. Court.

3. Law cast obligation upon husband to maintain wife based on pari materia. If you want you can get allowed voluntary maintenance till current case is decided this is all so subjective.

4. S. 425 CrPC ply when any Criminal case against you or for calling any witnesses by a Magistrate Court and comes with certain pari materia  and as of now both of you are contesting respective rights under Civil Family laws so reference to context situation is remote right now.

5. Case is called 'false' only if ld. Judge / Magistrate mentions so in a Judgment and without even no case on floor in any of the two Family Law dealing ld. Courts one should not call future alleged facts as ‘false’. Also lack of prosecution r/w evidences does not call a case simply ‘false’.

However any person has right to file a case against another, it is other matter if it sees through ‘admission stage’ or gets on Service mode which are all speculative discussions in context of your brief, hence no further reply on them.

Tajobsindia (Senior Partner )     16 April 2013

@ Need Justice
 

1.    Partially agreed for want of re-inventing wheel.

2.    His query is based on present and not for future events!

3.    One too many proceeding based on respective rights gets allowed - happen meanwhile ‘before a marriage in even annulled’.


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