interim maintanance order

anandakumar (Querist) 31 May 2016 This query is : Resolved
Learned experts,wife filed a domestic violence case against her husband for various reliefs.husband appeared in the case and filed his counter statement.during the said period of time for filing of husbands counter statement,wife conveyed a demand to go for mutual divorce through a well wisher stating that if the husband do consent for mutual divorce he will proceed in DV act case further by filing other applications including interim maintanance.Husband refused for consent mutual divorce suggesting to live together again.wife humilated and filed a interim maintanance petition demanding exorbitant money.husband filed his counter in the interim petition stating her approach for mutual consent holding the dv act case as a trump card to get his consent for.divorce.Now wife and her counsel representing before the court to pass interim order of maintanance immediately. How to defend the petition,so far she has not proved that domestic violence was committed against her.Also she is earning more than her husband and living all alone spending money lavishly..can the magistrate pass interim order immediately or after enquiry in the petition or an order only after deciding in the main dv act case ?
plz help...

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Jayashree Hariharan (Expert) 31 May 2016
please prove about her income and her lavish spending, so that the husband can get suitable relief.

SAINATH DEVALLA (Expert) 01 June 2016
Interim maintenance cannot be avoided,till the divorce is disposed off.Final award of maintenance to the wife will depend on the evidences filed by either side.