Free legal advice on my on going case

monika (Querist) 10 February 2025 This query is : Resolved
I hope this message finds you well. I am writing to express my concerns regarding the progress of my Domestic Violence case filed in July last year, along with the application for interim maintenance.

Despite the clear rule that interim maintenance should be provided within 60 days, the opponent party has been postponing the maintenance on various pretexts, such as paying the term fee in the previous school and the new school fee being out of reach. This delay is severely impacting my financial stability, especially as I have no source of income and am the primary caretaker of my 13-year-old daughter.

My lawyer mentioned that due to the backlog of divorce cases in Delhi, the process might take longer. However, I would like to understand if there are any steps we can take to expedite the interim maintenance. Given my financial situation and the pressing needs of my daughter, timely support is crucial.

Additionally, I would like to know if my daughter's testimony could influence the speed of the case. She has witnessed everything and is capable of providing detailed accounts in court. The opponent party's refusal for mediation suggested by the judge further complicates the situation, and I believe my daughter's input might provide a clearer picture of the case.

I appreciate your guidance and support in this matter and look forward to discussing potential actions we can take to address these concerns.

Thank you for your assistance.

Best regards, Monika

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Quick Summary

Monika is seeking advice on her ongoing domestic violence case and the significant delays in receiving interim maintenance. Despite legal rules, her ex-partner is postponing payments, causing financial hardship as she cares for their daughter. She wants to know if her daughter's testimony can speed up the case and what steps can be taken to expedite the maintenance order. The advice suggests her daughter can testify during evidence, but interim maintenance depends on court orders and financial disclosures. Approaching the High Court under Article 227 is an option if delays are undue, and changing lawyers is a personal decision.

T. Kalaiselvan, Advocate (Expert) 10 February 2025
You can rope in your daughter at the time of evidence from your side and not now.
You may have to wait for the court to pass interim maintenance

Dr. J C Vashista (Expert) 11 February 2025
Discussion / order and judgment do not affect any submissions of your daughter, presumably she is a minor as well, isn't it?
The Court has to get relevent financial information from both the parties before seeking submissions to decide quantum of amount for grant / decline interim maintenance. Your lawyer might have apprised you on the issue.
Your lawyer is the only and best person to advise/ guide you, if you have faith in him/ her, otherwise it would be appropriate to seek second opinion of another local prudent lawyer and replace, if you feel so.

P. Venu (Expert) 11 February 2025
Onus rests with your lawyer in expediting the grant of maintenance. If the delay is undue, you have the option of approaching the High Court under Article 227.

monika (Querist) 17 February 2025
do i have to continue with the same lawyer and again pay the fee to the lawyer to approach the high court?

Dr. J C Vashista (Expert) 17 February 2025
It is your personal decision to continue same lawyer or to replace. however, if you have faith in your lawyer it is advisable to continue.
Settlement / payment of fees is between you and your lawyer, where no comments can be offered by experts on this platform.

T. Kalaiselvan, Advocate (Expert) 16 June 2025
If you have engaged a lawyer in the high court then you can continue with the same lawyer otherwise you can engage a new lawyer, the lawyer fee will depend on the terms of the chosen lawyer

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