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SUSHPAN (AA)     08 July 2010

CrPC 125 Interim Maintenance

I have filed case for Mantenance of my daughter of 4 years . In his reply , my husband denied that he is father of the child . The Application for Interim Mantenance is to come up after a week but my husband is likely to oppose it to prolong the matter .

please tell whether at the time of deciding Application for Interim Mantenance , the court will permit me to produce some evidence ( documents / photos etc. ) so as to get Interim Mantenance fast .

My advocate says the court will consider evidence only when the case is fixed for evidence and not before that .

please advise .


 5 Replies


I wangt to talk to u in person regarding ur case facts as u have not mentioned complete facts of ur case in ur query. U can call me at 9871158578

SUSHPAN (AA)     09 July 2010

I am a graduate working in factory and my pay is rupee 6800 monthly  . my husband is working in the bank his pay is 13000 monthly . we married in 2003 . I was pregnant in 2005 when he leave me as we quarreled .  my daughter took birth 4 months after he leave me . he denied in his reply that he lived with me when i was pregnant . He was with me in a marriage party when i was pregnant i can show photos of that marriage party that he was with me there . please tell me if judge will permit me to show the photos on hearing of Interim mantenance  application ?? will this help me ??

Parth Chandra (none)     09 July 2010

Yes...Judge would permit you to produce your evidence.....

Below is the normal proceedings for CRPC 125 as far as I know.

1) An application for maintenance is filed

2) The respondent (Husband) files his reply.

3) You may go with your affidavit with evidences attached to it.

4) His lawyer would cross-examine you and your witnesses

I am not sure about the subsequent steps....but if an application is filed for interim maintenance then it may not go till end and judge may decide the interim maintenance after or before step-4 of above.

bhupender sharma (head)     09 July 2010

it is the presumption of the law that the child has begot during the consumation of marriage, it is the duty of the husband to prove that he had no access to the petitioner for the consumation of the marriage and the onus lies on him. Your counsel quite ok.,    

kuldeep kumar (lawyers)     04 August 2011

mrs sushpan as per ur query u r filing application for interim maintenance.right.

it does not matter he denies to have begotten a child to u.what does it matter at all is r u a legally wedded wife of him or not.photos will not serve any purpose.ur case is very strong if he denies such child is not begottten by him.indirectly it means u r his legally wedded wife.as regards child u prove the fact.maternity is fact paternity is surmise

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