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Sanjay Waghmode (Education)     19 December 2014

Issue of interi. maintenance

if wife want interim maintenance then what period she have to live with him before left his home ?


 2 Replies

FightForCause (Businessman)     19 December 2014

There is no such rule that she has to live for a certain period for Interim Maintenance.

You need to safegaurd yourself by proving below points:

  • Wife deserted you willfully and without proper reason.
  • She is the one not willing to come back
  • Her earning capacity and work experience.
  • Her educational qualifications.
  • Your liabilities in terms of Loans , old parents , dependants etc

All the best.


FightForCause is wrong.

Interim maintenance is claimed during ONLY PENDENCY OF application such as, PWDVA, Divorce.  Once the cases are disposed Interim Maintenance stops.  Such interim maintenance application should be submitted by such petitioner at the end of each year.  And the respondent of such cases need to file appropriate change in circumstances application whenever his or her circumstances change citing change income, mean to say such IA awarded will hold good for a period of 1 year only.  The petitioner of such IA should submit what are her expenses and income to claim such, and the respondent too should submit appropriate statements showing his income and expenses for court to arrive at  IA.  A woman who got married based on circumstances can approach the court seeking maintenance IA or permanent whichever might be the case, even if she stayed with husband for even a minute.

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