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Harrassed _by _498a (Executive)     22 January 2015

Minimum duration for deciding interim maintenance in dv case


Can you please advice me that in how much time interim relief can be given to wife in monetary terms, monthly maitenance, DV filled in October'14 till now we had not submit the reply . please advice on the minimum period six month 1 year or 2 year or more ?



Harrassed by 498a


 3 Replies

ANAMIKA VICHARE (LAWYER)     27 January 2015

You want answer without giving details, you are asking to a lawyer or Astrologer, you send me your horoscope, I will answer

swati (hhhhhh)     30 January 2015

Harrassed _by _498a


Firstly I am not a lawyer..... just someone who is now studying DV Act so I know whatever my lawyer is telling me is right or wrong. 


It seems your lawyer and your wife's lawyer are good friends and you are getting advantage because of it. I am surprised how did your wife's lawyer didnt get her a ex-parte order for non-submission of say by your lawyer till date.


But that doesnt mean you should take this matter lightly, you be careful as well b'se your wife's lawyer might get her ex-parte interim order anytime. 


I filed DV in November 2014 & my residence interim might come in next 2 weeks. So it really depends on the lawyers. 


As per DV Act - Sec 12 sub-section (5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing. 

Harrassed _by _498a (Executive)     31 January 2015

Magistrate can order maintenance if my wife is earning approximately same what i am ?? And if 60 days is minimum duration than what is maximum period and i also heard now a days one income affidavit has to be submitted by the wife as per inderjeet singh and puneet kaur judgement before that no maintenance can be granted even now it is mandatory before filling petetion of maintence


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