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Vinu (executive)     21 August 2012

Dv interim maintenance appeal

Dear All,

Husband went for appeal against the ex-parte interim maintenance order on 29.5.2012 of Rs.10,000 per month with living right to the wife in the matrinomonial house. so far no maintenance given by the husband.

1.No income proff is submitted. But the husband is running a successful business and hence, wife mentioned his income as Rs.1,0000 pm.

2.Wife is educated and started a business last year but claimed that she can not run the business and stopped due to his harrasment.

3.husband stated that they are mutually separated for a year, but the wife stated there are evidences to prove this as false statment. They lived together in the matrimonial house upto march-2012.

4.The only property is the matrimonial house in the name of husband that is under monthly loan. Now the wife lives alone in the that matrimonal house with 2 girl babes.

At this stage my question is

a) how about the chances to get the interim maintenance? the wife filled petition for the execution of order but the magistrate stated that the respondent went for appeal so case is freezed.

b? when the evidences can be put forward in the appeal court?

c) what is the maximum duration fo this interim maintenance order ?

Expecting your soonest reply.



Learning

 2 Replies

Never Give Up (Fighter)     21 August 2012

When did you file petition ? When was summons served to husband ?

Vinu (executive)     21 August 2012

Interim maintenance petition filled on 18.05.2012.Based on Prime facia (498A FIR filled by the wife) ex-parte maintenance order passed on 29.5.12.Summons were given on 6.6.12 to the husband.


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