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MRRpersonality (Knows very little about Indian laws)     09 August 2012

Interim maintainance

At what stage of crpc 125, the petitioner can file for "interim maintenance", especially for huge sums like 1L per month ?  Does the petitioner need to show urgency ?  This is applicable to me, as my spouse has responded with interim maitenance application in response to my W/S.   No issue list, witnesses or other hearings done yet.



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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 August 2012

 application of s.125 Cr.P.C. It has to be
established that with the amount she earned the respondent-wife was able to
maintain herself. Whether the deserted wife was unable to maintain herself, has
to be decided on the basis of the material placed on record. Where the personal
income of the wife is insufficient she can claim maintenance under s.125 Cr.P.C.
The test is whether the wife
is in a position to maintain herself in the way she was used to at the place of
her husband.

MRRpersonality (Knows very little about Indian laws)     09 August 2012

Thank you so much Learned Ad Rama chary!   My question is also related to the application for "interim maintenance" during the pendency of 125 as applied to a specific stage of the case proceeding like Appearance, Issue list, Witnesses, Arguments etc.  Is it not necessary to prove desertion, or neglect or ability which can happen only after Witness hearings.  The situation where wife deserted husband that has full witnesses, but then the wife claims the husband has deserted.


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