Interim relief

She can file maintenance under S.125 cr.P.C. sayinng that comparing the salary of husband, the amount granted in divorce, i.e., Rs.1000/- and the interim granted by H.C. of Rs.1500/- is far less as per the judicial pronouncements on maintenance.  Multiplication of maintenance is not applicable in this casse because the H.C. while granting the bail has not taken into consideration of the income of the husband minutely and in S.125 the court will be having the opportunity to fix the maintenance on the basis of the available record and not in spur of the moment, which H.C. will do while dealing bail case.  The Delhi H.C. judge S.N. Dhingra's judgement is also not applicable in this case on various grounds, which your advocate will know at the time of putting arguments against this particular judgment.

Multiple of maintenance from different different courts are no allowed, just go for revision by showing the previous judgement.

however you have not mentioned thorough which sec she is driving 1000/- interim..if it is U/s 24 in pending of your divorce case then according to your salary it is not too high.

thank sir my doughter is alos llb final year student pls  if any ruling or order pls halp us

Refer to Bharat Hegde Vs. Saroj Hegde (I(2007)DMC 815 or 140(2007)DLT16, Delhi High Court refering various S.C. decisions laid down the guiding factors while adjudicating maintenance claims.  Even though, it is while disposing S.24 application, same guidelines are followed in S.125 cases also.

please all experts kindly help us,

as above we said we have filled a petition u/s 125 for maintenance but the family court judge has told to our lawyer that we are already getting interim relief from the judgement of patna high court judge on the ground of bail and u.p judge u/s 24 of hindu marriage act of rs.1500 and 1000 respectively hence the family court judge of bihar do not allow any further relief so kindly suggest us how can we defend ourself and we also want to stop both the relief which we are getting and want to fix it u/s 125 on thew basis of husband income, can we do this?

as above we said we have filled a petition u/s 125 for maintenance but the family court judge has told to our lawyer that we are already getting interim relief from the judgement of patna high court judge on the ground of bail and u.p judge u/s 24 of hindu marriage act of rs.1500 and 1000 respectively hence the family court judge of bihar do not allow any further relief so kindly suggest us how can we defend ourself and we also want to stop both the relief which we are getting and want to fix it u/s 125 on thew basis of husband income, can we do this?

You have to move an application proving independently that how husband is earning Rs.35,000/-.  You have also to prove that how in S.24 application, the concerned court has not taken this Rs.35,000/- income of husband has not been taken into consideration and violated the well settled principles followed by the courts in fixing the quantum of maintenance.  You have also to show that how S.24 maintenance is temporary in nature and the right extinguishes along with the disposal of main case.  Finally, you have to show that how the High Court's order of Rs.1000/- maintenance has been granted not as a final relief and only temporary in nature to grant bail.  The Family court will not over-rule the High Court decision but while quantifying the higher amount sets-off the amount awarded by the High Court.  You must engage an advocate of well experienced to bring around the Family Court to your view point.  Finally, even then if the Family Court fails to change its stand ask for written order disposing the interim relief application and against that order approach the High Court.  Every thing relies only on the fact that how you have to prove husband's income of Rs.35,000/-.

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