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aaliya (none)     29 February 2012

Maintenance case

hi all..

client wants to start her maintenance in next hearing...if i suggest judge  to start her maintenance soon will he order the same in the next hearing...even if the second party has not brought thier reply .will it be called interim maintenance or temporory giving money...



Learning

 6 Replies

Tajobsindia (Senior Partner )     29 February 2012

With respect i cannot make any sense out of your query.


Kindly re-phrase the brief.

 

aaliya (none)     29 February 2012

hi.. i mean if my client(woman ) wants her interim maintenance to start immediately...n if suggest the judge to start her interim maintenance in the next hearing what will be the sceniaro....

Tajobsindia (Senior Partner )     29 February 2012

@ Author

1.
Under various statutory laws most family law Statute(s) clearly says “as far as possible within 60 days matter to be decided”.


Now possible way out -
J
 


One
- Remind lady/lordship the very Statutes.


Two
– Ask your client (lady) to play medieval ‘abala nari’ card before Lord/Ladyship on the very date of hearing and take ld. court on emotional and sentimental card rollercoaster ride.  


Three
Sine die all other proceedings in cited Case till Maint. (interim) is awarded in favour of your client as per law points.

 


Four
– Take assistance now of a very Senior Advocate and request him to plead vehemently for conceding to interim maint. instead of you.

 


Fife
– Showcase your clients destitution and if a child is with your client then it works better.  

 

Six – Oppose all adjournments citing Salem Advocates Bar Association Hon’ble SC citation and press for high pecuniary Cost if adjournments cross three dates!

 

[Seven – I like my fellow ld. brothers to have their say now on your simple brief J]


(Guest)

Interim maintanence would be decided after taking into consideration factors like your income etc ..In case she has demanded for Rs 50000 per month and you have no objection and agree to it than the judge would pass the order what does the judge lose from this :-).

aaliya (none)     05 March 2012

today in the second hearing  i told the judge that the lady(wife) is without money..n she needs it ... the lady is at her parents place for last 7 months so the judge ordered the husband to pay her 5000 immediately  ...will it b called as interim maintenance...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 March 2012

No it is not interim maintenance, it is just an interim relief.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
 
PS: Interim maintenance is generally not be fixed unless pleadings are complete.

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