Upgrad LLM

interim maintenance

legal adviser

Petitioner filed Maintenance Case U/S 125 Cr.P.C for her and for her two minor children. Husband is a permanent employee under state government and  has been earning Rs.25,000/- Gross. Rs.22,000 Net,

Opp. Party has given three opportunity and thereafter O.P. lawyer appeared finally and placed some xerox of documents showing liability and argues that he has several liability so the O.P. cant pay interim and prays for dismissing the interim prayer but O.P. lawyer did not filed any petition and not even wrote anything saying that he is submitting some documents showing liability of the O.P.

The advocate for the petitioner argued that the copies are xerox and created recently after the hearing is fixed  to gain undue advantage and also argued that court cant consider those as the O.P. did not place it properly as per procedure. If you want to consider your documents and  

And most importantly I want to know whether court should consider the xerox i.e. I mean to say should court "SEEN" the Xerox documents without any petition or anything in writing from the O.P. side. and consider the Interim prayer?


It is prerogative of the court to accept Xerox copies, but as you said it has to be filed properly, in this case it is missing. 




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