Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

TR NIMADE (AM)     22 August 2011

Interim and main maintenance crpc 125 simultaneously

Dear expert sir,
my daughter in law filed a maintenance case in a family court against my son and filed two applications as interim under crpc 125(1) and main case under crpc 125.both the applications are the same and only heading of application has above.

we have submitted a defense application as a whole but the same is yet to be delivered by the court to wife of my son.

is it compulsory to submit the defence for both the application separately by us in the same manner by changing the heading as was done by the petitioner.



 7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 August 2011


pujols20 (Techie)     22 August 2011

You can as well give a single reply/counter and mention to the magistrate that it is applicable for both( interim as well as main petition).

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 August 2011

Don't make this mistake of not replying to interim prayer.


It would mean that though you want to fight main case, you have no objection if interim is allowed till decision on main petition



Shonee Kapoor
Handphone: +91-9999026561/ +91-8010850498


suraj (ab)     30 August 2011

Hi Shonee ji,

As u said, both the reply need to be filed. Kindly eloborate little more on interm reply that how can it be defended in better ways..

pls suggest.



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 August 2011



It can be defended on the same grounds, previous history of girl working, any inkling of girl working somewhere.


Unless you put a counter, you are giving a go ahead to interim maintenance. I agree that in most of the cases, interim is decided in favor of girl, but one should not give up so easily. The case drags for years after interim, because the girl sits pretty with monthly maintenance.




Shonee Kapoor

TR NIMADE (AM)     30 August 2011


Dear Shonee Sir,

I respect you and your knowledge in the field of legal battle.

your 2nd para are true but on the same time on the next date before hearing after receiving the defence documents by the applicant  if we urge our appeal before the  Hon'ble justice that our defence reply is common for interim and main case of the applicant which please taken into account for deciding the case for interim as well as main.
this will not serve the  purpose.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 September 2011

Then it is discretion of the court. The court may record so and decide, or court may decline to record so and proceed with the matter.




Shonee Kapoor

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register