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Anonymous1 (fjslfj;)     27 February 2011

Proceedings in maintenance case

Respected people,


I have filed divore and my wife has filed maintenance u/s 125 of CrPC. I havent received any information on the details of the case, how much money has been asked as maintenance etc. The maintenance case is coming up for hearing tomorrow. Can you please tell me the sequencial proceedings of an maintenance case??


 3 Replies

Tajobsindia (Senior Partner )     27 February 2011

In layman's way;


Step 1: Appear in person before concerned Court and state you have not received the Application and need time to appoint Advocate. Court will direct Applicant / wife side to provide a copy of the application either there itself and or will give direction to her Advocate to do the same. Check no. of pages with Index sheet and if all papers annexed correctly then give signed receiving and or raise such objections.

Step 2: Appoint an Advocate. Your advocate will file a reply based on your inputs supported by legal points from his side on next date of hearing. A cpy of reply is given to them.

Step 3: On next date she may file rejoinder to your reply though in S. 125 CrPC interim it is not a must as it (interim) is a clear summery proceedings.

Step 4: On next date arguments by parties on Interim (if she has asked for the same) will be heard. Interim is thus Ordered accordingly.

Step 5: You will be asked to meet the Award and or she may file Execution of the Award if any.

Step 6: Further admission / denial of documents submitted by her side will be completed.

Step 7: Issues will be framed based on which evidences are lead by parties in due course of time.

Step 8: She may file witness list with proof affidavit advance copy to your side. She has to lead her side of evidences first with advance copy of such filing given to your side to cross examine her statement and or her side of witnesses if any.

Step 8: Final arguments are heard of parties by the Court. Ordered accordingly

So on so forth the process flow are there in maint. U/s 125 CrPC......

All the best. 

1 Like

Anonymous1 (fjslfj;)     27 February 2011

Hello Tajobsindia,


Thanks a ton for your response. However have few questions:


Step 4 states that the interim maintenance would be awarded and steps 5, 6 & 7 talks about documents submissions, issue framing and cross examination.  Shouldnt these occur before step 4 and wondering why these are happening after step 4

Tajobsindia (Senior Partner )     27 February 2011

1. U/s 125 CrPC a lady asks for maint. pendentelite main Application and it is called Interim maint. in layman's way thus while main Application is being decided for finality she is seeking money to maintain her.

2. Thus step 4 is rightly mentioned in simple way. Once interim maint. (step 4) is awarded rest and other steps are followed. In rare cases a lady only asks for final maint. based on strength of her pleadings thus in such case(s) step 4 is omitted.

3. BTW it is also not necessary to follow all the procedures if prime facie a genuine case before Court. All the Court can do is to "record" her statement under Oath and even dispense with pre step 4 and post step 4 procedures however same are documented in Order sheets. 

Kindly follow first Step 1 and or if you have time just go to concerned Court and watch the days proceedings to gain confidence and some tips you will observe by observing the Court proceedings un-called for (means your name is not there in the cause list yet you are observing the court proceedings without disturbing the Court), so shall you follow this practical or have another que. after thanking again !! :-)  

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