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ANIRBAN CHAKRABARTI (Principal Architect)     24 September 2015

Interim maintenance effective from order date

What are standard arguments one can make so that interim maintenance can be started from order date, and not from application date. If the judge seat is vacant for a long time, a husband is no way responsible for the delay. Can this argument be used as a valid argument for interim maintenance staring at order date? What about making a point that a wife is responsible for delay, because she deliberately slipped sessions. Please share your thoughts.

I have seen several judgements where interim starts from order date, but nowhere the reason is shown. Child visitation starts from order date without providing complementary access, but interim starts from application date is unreasonable to me.

 



Learning

 6 Replies

FightForCause (Businessman)     24 September 2015

Yes ,

along with your written arguments for Interim maintenance also put down the reasons of delay from your wife side and also mention bench was not there.

I have used this and got it from Order date.

Like Bench vacant for 5hearing/3 months

Wife filed reply after 4 hearings/2months etc

This will definitely help to strike down the time from which maintenance starts.

 

All the best.

1 Like

ANIRBAN CHAKRABARTI (Principal Architect)     24 September 2015

Thanks, I am also tinking in the same line. hope it works.

SAINATH DEVALLA (LEGAL CONSULTANT)     24 September 2015

The application for Interim Maintenance shall,as far as possible,be disposed off within 60 days from the date of service of notice on the husband or in two motions.As far as inteerim maintenance is concerned the wife will never absent herself from proceedings.


 
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ANIRBAN CHAKRABARTI (Principal Architect)     24 September 2015

Unfortunately wife is skipping the final marriage counselling session repeatedly under misguidance of her lawyer company. During counselling session we had almost reconciled, and her lawyer saw trouble for themselves that they cannot make money out of our misery. Without compeleting a step, or counsellor report being back to court, court cannot start interim argument, and that is the reason why interims are not disposed more than a year now. My opposition thinks I will run out of patience, get fed up, feel harrassed, and cough up money for mutual divorce. Added to the pain judge seat has fallen vacant. I do not understand why people  file divorce case without first trying to discuss mutual divorce with the opposition party.

amaresh   25 September 2015

in my case my wife did divorce petition with 24. my law_yr gave WS. but on thehearing date only hazira has been done on behalf of my wife. SHE or her advocate PERSONAL didnt appear. The honr_bl Judge told us, that on next date will be the evidence day. y law_yr didnt said any_thing on the hearing day(as my wifes advocate was absent). So what will happen on next day.  plz guide....

SAINATH DEVALLA (LEGAL CONSULTANT)     25 September 2015

Amaresh,

Post UR query in a new thread

 

 


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