(Guest)

Interim maintaince

My wife has filed, maintenance case 4 months back with all false alligations. Then after some time she filed interim maintenance. We were not staying together for past one year. Now i filed counter for both.

Query is

1 ) whether judge can pass order for IM without any cross examination ?

2 ) if he passes the order for IM, can we object that ?

3 ) if IM is alloted, whether it is applicable from the date of IM filed or Maintenance case filed or date of order passed ?

Kindly throw some light on this.

Regards

Krishna

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4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 11 January 2015

Yes judge can without cross examination, you can file an appeal against the same interim order and it depends upon the order as to from when the interim maintenance is allowed ... Kapil Chandna Adv 9899011450

(Guest)

rightly advised by kapil

(Guest)

Thanking everyone for prompt reply.

Some more queries

1.) My wife did`t not declare that she is not working in her petition. Can i take a declaration from her for the same through court. i.e she is not working.

2.) Can i ask court, that she has to inform that 'when she starts working, she will inform to court ?

3.) Can i ask her current mobile number she is using for any communication ? so that i can trace etc.

4.) If allegations are proven wrong, the IM amount paid will be refunded ?

Regards Krishna

saravanan s (legal advisor) 21 January 2015

1.only if your wife is working its advantage for you for she cant claim maintenance..so no need for that declaration now

2.if she starts working at a later date you got to put a petition to the court with details of her job,slary certificate etc to alter the maintenance amount

4.no