Interim maintenance

vijay (Querist) 17 May 2010 This query is : Resolved
My sister filed restitution of conjugal right petition. Her husband filed null and void petition.Now she needs to file maintenance petition.Husband is having income from rented house.But houses are in his parents name.Husband is also working.but we have no idea about his office address.What is the remedy for her to file a maintenance petition?

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Virender Pankaj (Expert) 17 May 2010
Your sister can file petition for maintenance against her husband in Civil as well as Criminal Court. If she could not prove the income of her husband in the Court, the Court may draw a presumption in respect of the income of the husband.

g s pandey (Expert) 17 May 2010
you should let us know which case was filed firstly restitution of conjugal rights or pettion for null & void of the marriage?

G. ARAVINTHAN (Expert) 18 May 2010
better file application for interim maintenance in restitution case, so that he contest this first.

You can initiate separate proceedings for Permanent maintenance also