interim maintenance

Sultan Salauddin Khan (Querist) 26 January 2009 This query is : Resolved
can a wife get interim maintenance on the day of filing the case without hearing the opposite party under section125 of the C r P C?

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PALNITKAR V.V. (Expert) 26 January 2009
Normally no. But there is no prohibition in the section.

AEJAZ AHMED (Expert) 27 January 2009
Dear Salauddin,

Mostly, not on the day of filing, but, after recording the "Evidence" of Petitioner/Wife, it is posiible, without hearing the Opposit Party, U/S.125 of Cr.P.C, Magistrate shall Order for grant of 'Interim Maintenance'.

PALNITKAR V.V. (Expert) 27 January 2009
Mr. Prabhakar and Mr. Aejaz have elaborated the answer.

smilingadvocate (Expert) 05 February 2009
no exparte maintainence can be granted only if there is any admission of the marriage in any other proceedings then an exparte interim maintenance can be granted

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