Interim Maintenance or Main case?

Querist : Anonymous (Querist) 19 December 2010 This query is : Resolved
In a case for permanent maintenance filed by wife, when interim maintenance application is also pending.

However, the advocate for respondent/husband stating that he is ready to conduct the main case instead of proceeding with the application for interim maintenance.

Is his act condemnable?

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Querist : Anonymous (Querist) 19 December 2010
I also submit before this forum that the interim maintenance application is pending for more than one year and Court is also not deciding the same, ready to conduct the main case.

Parveen Kr. Aggarwal (Expert) 19 December 2010
It is for the court seized of a matter to proceed in accordance with law and not for any party or advocate to decide about the procedure to be followed. When application for interim maintenance is pending, the court is to first decide that application and then to proceed for final decision of the petition. However, if the respondent or his counsel makes any offer for fixation of maintenance at a particular amount and the petittioner agrees to it, the court may even decide the main petition upon such agreed terms.

Raj Kumar Makkad (Expert) 19 December 2010
Court shall have to decide application first. Tell your lawyer to insist for the disposal of the application and if need arise then file a reminder application so that court may smell seriousness of the applicant and even then if court do not take any action then move to the appellate court. The petitioner shall definitely get justice.

Arun Kumar Bhagat (Expert) 19 December 2010
An application can not be kept in abeyance, unless reasons specified.The approach of the court is highly illegal. You submit in the court to dispose off the same or you shall be constrained to move higher court.

Advocate Bhartesh goyal (Expert) 19 December 2010
Agreed with experts.

Swami Sadashiva Brahmendra Sar (Expert) 19 December 2010
Interim application should be decided first.

s.subramanian (Expert) 20 December 2010
An application u/s 24 of the Hindu Marriage Act has to be treated and tried as an independant proceeding. Even if the main petition is dismissed ,the court has to enquire and dispose of the interim maintenance petition separately. This is the well settled proposition of law. Nobody has the right to bypass such an application by insisting the disposal of the main petition. you oppose it strongly.

Khaleel Ahmed Mohammed (Expert) 20 December 2010
Experts well advised.

Querist : Anonymous (Querist) 20 December 2010
This is a case under Sec 125 Cr.P.C

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