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Jaslok Gandhi (g)     17 May 2011

Interim maintenance-disposal

Interim maintenance shall be disposed of within 60 days.

Cud sumone plesae tell what does it mean ?



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 2 Replies

Adv. Amit Anandrao Mahadeshwar (ADVOCATE)     17 May 2011

It means that when application for interim maintenance is filed it should be decided within 60 days from the date of filing. 

AEJAZ AHMED (Legal Consultant/Lawyer)     17 May 2011

An applicant, after filing application in a court under Section 125 of the Code of Criminal Procedure, 1973, had to wait for several years for getting relief from the Court. It was, therefore, felt that express provisions should be made in the said Court for interim maintenance allowance to the aggrieved person under Section 125 of the Code. Accordingly, under the Code of Criminal Procedure (Amendment) Act, 2001 i.e. during the pendency of the proceedings, the magistrate may order payment of interim maintenance allowance and such expenses of the proceedings as the magistrate considers reasonable, to the aggrieved person. It has also been incorporated that this order be made ordinarily within 60 days from the date of service of the notice.

Therefore,  the period of disposal of interim maintenance application would be 60 days from the date of service of the notice/date of filing of such application.

 


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