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Kavita prakash patil   19 March 2023

interim maintenance

domestic violence case was filed in the court in April 2014 with interim maintenance applications. Till no order has been passed on interim application. the respondent husband filed an application seeking hearing on direct exh 1 because complainant doesn't need maintenance for last 9 yrs and she hasn't made any urgency or efforts for maintenance. honble judge put the application for otherside say,but till the date on say has come. on previous date complainant adv agree to filed evidence affidavit on next date but on yesterday date without even waiting for the respondent adv the judge given permission to start argument on interim maintenance. yesterday in our court ,the adv abstain the work. after the ten, can there be an order on interim maintenance? any citation? complainant filed false case. complainant is very aggressive person and she evicted respondent from house in 2016. even she admitted that in 2014 respondent staying in Bangalore.


 3 Replies

Dr J C Vashista (Advocate)     20 March 2023

Facts posted need some more clarifications which are vague and not clear to form proper opinion and oblige.

However, it is surprising to find application for interim maintenance is pending since 2014.

Kavita prakash patil   20 March 2023

which clarification?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 March 2023

 “Proceeding for interim maintenance, shall as far as possible, be disposed of within 60 days from the date of service of notice on the husband.”As per the third proviso to Section 125 CrPC, a timeline is provided wherein it is stated that the proceeding for interim maintenance must be disposed of within 60 days from the date of service of notice.

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