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Ankur   28 February 2018

Interim order under 125crpc

My mother had filed a petition in district family court claiming maintenance as I was doing job in other city and showing all sorts of incorrect information to court. I was not unable to attend the proceedings as I stay in different city and the court passed an interim order of Rs 10000/- per month. My new lawyer came out with the suggestion that as per 125 crpc, the case should be filed in a court where daughter lives. So we got the case transferred to the place I reside. Will the order passed by earlier court be still a valid order. The case proceeding is going on at my place, but my mother is putting pressure on court for the maintenance as per interim order and we do not have money to pay her.



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 6 Replies

Ankur   28 February 2018

Could you elaborate.

Ankur   28 February 2018

Thank You Rameshji. 

Could we have the case proceeding from the beginning at the court in my place.

 


(Guest)
Originally posted by : Ankur
Thank You Rameshji. 

Could we have the case proceeding from the beginning at the court in my place.

 

Yes. You can. You have to abscond. I new place find new mother and do things again same way so that she files maintenance case. Then case will be going on from begining in new place.

Ankur   28 February 2018

I was expecting an advice Mr Malhotra.

The lady is my step mother and unnecessarily getting me into these legal issues, as I have many responsibilities  towards my own family consisting of my kids.

Requesting you to use proper language, as we look upon lawyers to help us in our difficult legal situations. Your response is not at all as per the professional ethics of your nobel profession,

Ankur   28 February 2018

Dear Sir, thanks for your contribution through replies. If father is demanding maintenance and if he has all the property in his possession as well as other assets. If he is not willing to share any property with his son/daughter and is intentionally not generating any income (or showing less income) from that property, can children request the court for the custody of property to enable them to generate income and make payment of maintenance to father.

Regards
Ankur

Adv Radhika Mehta (Advocate)     28 February 2018

Originally posted by : Ankur
Dear Sir, thanks for your contribution through replies. If father is demanding maintenance and if he has all the property in his possession as well as other assets. If he is not willing to share any property with his son/daughter and is intentionally not generating any income (or showing less income) from that property, can children request the court for the custody of property to enable them to generate income and make payment of maintenance to father.RegardsAnkur

I doubt that the Court would entertain such requests but you can definately highlight the properties and other assets held by the parents' before the Court to atleast reduce the quantum if the Court is inclined to grant maintenance.

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