Ad-interim maintenance u/s crpc 125
Querist :
Anonymous
(Querist) 09 August 2017
This query is : Resolved
Scenario: On first date of a CRPC 125 Maintenance case the Judge set up ad-interim maintenance of 5000/- without being prejudiced to contesting parties. And asked the wife to provide bank account to husband within 2 weeks. Also, the account number to be submitted in the court in two weeks. On Next date of hearing the husband filed an application to dismiss the case on the lack of jurisdiction.
The husband noticed that key information are concealed with respect to the professional qualification and job of the wife. On third date he filed second petition to review the original order of ad-interim and cancel it relying on Mamta Jaiswal order. Also, he raised objection that Bank account number is not provided to him. The Judge allowed the review petition.
After couple of dates (almost 8 months) the wife filed her income affidavit. And the judge order "clear up arrears and pay maintenance as account number is in income affidavit". During all this time the jurisdiction application is not been heard. During this time the wife didn't raise concern that the maintenance is not paid and mostly remain absent in proceedings. Thus kept delaying arguments on jurisdiction application.
Query:
1. Can the order of the judge to clear arrears be challenged?
2. Is there a time limit for which the first order of allowing ad-interim is valid? Or is that order is valid for eternity?
3. The husband filed objection on first order before the wife provided account number. Would that mean that the objection be cleared up first before the first order be reinstated?
Please let me know.
Thanks in advance.
