INTERIM APPLICATION

@ Pooja Maddol,

The court may grant interim maintenance to a graduate wife, if she has no means to survive.

Grant / award of maintenance differs from case to case.

No explanation / reason can be obliged. Bad question and manners.

Is it an examination hall question paper or you are seeking opinion and obligation of experts on this platform ?

It is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

Yes better to consult local lawyer and act accordingly

Please seek a conference with an Advocate as your case needs some activity as well!

Ordering for maintenance is the discretion of the court, depending on several facts, circumstances, and pleadings.  There is no hard and fast, vanilla formulae to decide maintenance.  You can only plead before the court that you cannot maintain yourself and require a minimum of a certain amount to lead a comfortable life.  If the spouse can afford it, the court may grant that amount.

You have not posted the material facts necessitating the seeking of maintenance from the Court!

 Court will provide you ad interim maintenance order based upon the submission of your Advocate.

The spouse  applied for maintenance from another spouse based on the no means to sustain  the expenses  would always be considered by couirt.

The quantum of maintenance would depend on the proof of the earnings of the other spouse. 

The same rule is applicable for interim maintenance a s well as for main petition seeking maintenance.

Mere qualification would not disentitle the petitioner from claiming maintenance especially if the petitioner is not having  any source of income. 

You are yet to post the information as to the circumstances seeking maintenance - that too, maintenance from whom?

Section 125(1) in The Code Of Criminal Procedure, 1973

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

a)minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;

(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

Since you are legally married to him and do not have sufficient means or source of income to sustain your expenses you are eligible for maintenance from your husband under the provisions of law mentioned by you  including interim maintenance.