jitendraku (CA) 11 July 2015

Arguments stage for maintenance

Case brief: Wife filed RCR u/s 9 along with application for interim maintenance u/s 24 HMA.

Husband filed WS to 24 HMA application.

I am confused with the procedure happening at the arguments stage when WS by both the parties are filed for determining interim maintenance u/s 24 HMA.

Does cross-examination of husband and wife not take place at this stage?

Or the Judge intentionally avoided the cross examination of both the parties.

I believe it is necessary for me to check my the payment capacity.

Please advise.

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3 Replies

stanley (Freedom) 11 July 2015

This argument is for interim maintenance .

cross examination of both the parties would take place after filing of your affidivats and after this full and final argument would take place and than would come the judgement

kalyan (engineer) 11 July 2015

Written statement is enough for passing interim maintainance. In my opinion, arguments will not take place and judge will pass interim maintainance in favour of wife irrespective of just. This happens in 99% cases as the order was only interim. Wait for your turn.