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interim maintenance

(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?
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'.
Guest (Expert) 27 January 2009
I agree with Mr. Paltnitkar. Even though there is no prohibition, judge (MM) would be reluctant to pass the order on the same day. He has to hear the other party.

More flexible is the provision in Domestic violence Act. It says, after receiving the DIR (Domestic Incidents Report), the court has to pass the order, it gives the flexibility to the court to immediately pass the order if the situation warrants. Here also, it is not that much easy to get maintenance order on the same day.
Now, the problem is how to get the maintenance order implemented. On the same day, if it is passed it cannot be implemented and hence the courts give opportunity to both the parties to put their submissions and pass the order, but from the date of filing of the application.

Prabhakar
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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