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Manoj (Speaker)     18 September 2015

Interim relief, ad interim & interim maintenance difference

Hello Members,

In Section 125 Crpc , can any share the difference between Interim Relief , Ad Interim & Interim Maintenance ?

The case is running in the Family Courts Delhi where wife submitted the Assets,Liabilities, Expenses Affidavit as per Kusum Lata case direction by Delhi High Court (Judge J R Midha) but husband has still not submitted.

Thanks....

 



Learning

 8 Replies

advocatepassy@gmail.com 971794 (Advocate)     18 September 2015

They are all similar words with same meaning.

(Guest)

Agree with expert.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 September 2015

there is a difference in these word, 

Ad-interim maintenance the court may decide the maintenace till the disposal of the interim maintenance application as per the above said judgement, it may be possible that the court may pass an order to pay a Lumpsum amount to petitioner/respondent( women) or pass an ad-interim maintenance per month.

 

Interim maintenance order can be pass and will be applicable till the final disposal of the main case.

 

maintenance can be decide after completion of trial.

Feel free to Call

Manoj (Speaker)     19 September 2015

Nadeem Sir Thanks for your reply.

 

What i understood from you is as below.

 

1. Firstly when both spouse affidavit are not submitted then Judge orders AD-INTERIM  Order based on Wife's Affidavit in 125 Crpc from Date of Application.

 

2. Secondly once both parties affidavit gets submitted then Judge decides proper Interim Maintenance from date of petition application.

 

3. Lastly the Final maintenance gets decided after evidence & cross examination, final arguments.

 

QUERY 1 :- suppose judge decides AD-INTERIM maintenance say for example of Rs. 10,000 (10 K) per month & then later on decided Rs. 30,000 (30 K) as an interim maintenance, then in this scenaio what will happen of the difference amount from date of application like difference between Ad-Interim and Interim maintenance. Will husband(Respondant) needs to pay that like 20,000 per month from date of application as per this case study?

 

QUERY 2 :- Can 125 Crpc Ad-interim by Family court be challanged in high court ?

 

QUERY 3 :- Is there any limit of litigation expenses as in delhi generally judges are deciding Rs. 11,000 (11 K) as litigation expenses. Can wife ask to increase it , may be in high court?

 

Thanks,

Manoj

 

 

 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 September 2015

In Ad-interim maintenance order the court may pass the order from the date of order and not from the date of application, when the Interim/final maintenance will decide then the difference amount has to be deposit.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     23 September 2015

Thank you nadeem

Ashwin   10 April 2018

thank you sir

Sourav Gandhi   15 March 2020

Hi Nadeem ji

 

i applied for 498A AB in Ranchi HC where court ordered me to pay Ad-interim victim compensation of Rs 2 Lakhs adjustable towards any maintenance proceedings or final alimony (1.2 L was bank txn between us before marriage). Now on next day, she files another interim application in CrPc 125.

My question is can I argue before court that she has already been given interim relief by HC. She cannot ne allowed to feast on incremental / top-up / bonus interim reliefs one after another ? Apart from this ground, I will definitely be arguing on her income part. But wanted to know if I can argue basis HC order?


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