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R. K. Singh (Business)     09 July 2018

Scope of interim maintenance vs final maintenance

Dear Experts,

In the context of maintenance the concept of “interim” appear to mean that maintenance to meet the immediate and urgent basic necessities like food, house, medical, education etc., whereas in final maintenance the detailed appreciation of standard of living, incomes, expenses should be done. A detailed appreciation of evidence will take substantial time and defeat the purpose of “interim” maintenance and at the same time grant of interim maintenance not only to meet basic necessities but also to cover standard of living etc. merely on the basis of affidavits and merely by following summary procedure may lead to great injustice to the respondent. Thus it appears that scope of interim maintenance is limited in terms of amount and purpose.

However it is seen that Courts generally consider standard of living, incomes, assets etc. at the interim stage itself. Is there any judgement which delineate the scope of interim maintenance vis-à-vis final maintenance either in Hindu Marriage Act or Domestic Violence Act. Thanks



Learning

 2 Replies

R. K. Singh (Business)     31 July 2018

Dear Experts,

I need copy of judgement dated 15 Dec. 1999 of Hon'ble Patna High Court in the case of Bijay Kapri v. Kanishta Devi 2000 2 PLJR 241 

The date of order could be slightly different also.

Appreciate your help.

Please revert. Thanks

R. K. Singh (Business)     23 September 2018

Dear Esteemed Members,

In the context of maintenance the concept of “interim” appear to mean that maintenance to meet the immediate and urgent basic necessities like food, house, medical, education etc., whereas in final maintenance the detailed appreciation of standard of living, incomes, expenses should be done.

A detailed appreciation of evidence will take substantial time and defeat the purpose of “interim” maintenance and at the same time grant of interim maintenance not only to meet basic necessities but also to cover standard of living etc. merely on the basis of affidavits and merely by following summary procedure may lead to great injustice to the respondent.

Thus it appears that scope of interim maintenance is limited in terms of amount and purpose. However it is seen that Courts generally consider standard of living, incomes, assets etc. at the interim stage itself.

Is there any judgement which delineate the scope of interim maintenance vis-à-vis final maintenance.

Thanks

 


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