CrPc 125 and interim maintenance
Ashish Roy
(Querist) 09 November 2009
This query is : Resolved
I'm from Delhi. I've cases against me in Kolkata courts by my wife. She filed a maintenance case under CRPC 125 in Kolkata and took ex-parte order for Rs. 5000 pm one and a half year back. Then, she got an ex-parte final order for Rs. 7000 pm against me again. I put a petition in time and got the final order of Rs. 7000 pm vacated and hearing is on. Now, I did not know about this interim maintenance. Now, my wife is trying to recover that money thru the same court which had ordered this amount.
I WISH TO KNOW IF THERE IS ANYTHING LIKE "AS THE MAIN CASE HAS BEEN VACATED THE INTERIM ORDER STANDS CANCELLED AUTOMATICALLY."
If there is any such reference of any case, kindly let me know. I will be very grateful.
Regards
Ashish
niranjan
(Expert) 09 November 2009
Interim order will merge into the final one, if the effect of the order is from the date of application.
Raj Kumar Makkad
(Expert) 09 November 2009
No. only you have got the main order set aside and not interim order so after filing the written statement and reply to the application argue on the interim application and the court shall against order on the application.
Ashish Roy
(Querist) 12 November 2009
Dear Mr. Niranjan,
Though I did not understand what "Interim order will merge into the final one, if the effect of the order is from the date of application" it meant, the interim maintenance order stands in effect from the date of application.
Could u plz make me undersand in lay terms what u mean? If interim maintenance order stands cancelled due to the vacation of main case (sec 125), can u also plz send me any case history or order for reference to be submitted in court in Kolkata.
Thnx
Ashish Roy
(Querist) 12 November 2009
Dear Mr. Makkad,
Do u mean that I can argue for cancellation of interim order also as the main case was vacated and final order is not given yet.
Also plz write in lay terms as I am not a person and do not understand legal terminology.
Can u plz send any case history or order for reference to be submitted in Kolkata court.
Thnx
