crpc 125 interium can be grant?
Querist :
Anonymous
(Querist) 07 January 2011
This query is : Resolved
sirs,rcr filed by me with two notices given.and she replied one of the notice with defence like dowry.she playing foul play regarding to petition notices without taking my notices cause of door lock for the same address which i sent notices.counter blast of rcr she filed for crpc 125.conciliation process held but failed.cause she is imposing like seperate family..etc.but i rejected for seperate family.asked for joint family.
1)in these circumstanceslike"I FILED BEFORE FOR RCR &SHE IS IMPOSING SOME CONDITIONS IN CONCILIATION&foul play with notices".is it good for the court to pass the intereum order before closing trail?
2)is there possible to defend the interium order?
Adv Archana Deshmukh
(Expert) 07 January 2011
Interim maintainance can be granted, it is the discretion of the court. You can challange it by way of revision if you want.
Guest
(Expert) 07 January 2011
IN CASE SHE HAS ALSO FILED APPLICATION FOR INTERIUM MAINTAINENCE THEN YOU HAVE TO FILE REPLY FOR THE SAME AND UP ON HEARING BOTH THE ADVOCATES ,COURT MAY PASS ORDER ON APPLICATION FOR INTERIUM MAINTAINENCE TILL FINAL HEARING OF MAIN APPLICATION.GOOD LUCK
Guest
(Expert) 07 January 2011
if the circumstances persists the court will order interim maintenance. But there must be strong reasons to be stated. In your case you have file 9 H.M.A. so file detailed counter with document. better adduce oral evidence in 125 proceedings.
Devajyoti Barman
(Expert) 07 January 2011
1. Yes , the court can grant interiim order.
2. Only way to stop the interim order is to shown that the wife is getting handsome salary from her employment. Or else the interim order is inevitable.
Kirti Kar Tripathi
(Expert) 08 January 2011
The facts as you narrated are almost similar in every matrimonial case. Since you are husband, it is your legal and moral duty to maintain her, you can not escape and court will be in its full jurisdiction in case it grant any interim maintenance to your wife. However, the grant of maintenance will depend on several other factors. In case, you are aggrieved by the quantum of amount of maintenance, you can challenge the same.
Uma parameswaran
(Expert) 08 January 2011
Yes.You can defend the petition.But try to give maintenance to your spouse and child as a responsibility.
Ajay Gulati
(Expert) 08 January 2011
you can contest the petition under section 125 Cr.P.C as suggested by the experts but u must make sure to adduce as much evidence as u can to show her income, if she is earning, though the provisions of S, 125 are less rigorous then other provisions qua maintenance therefore to save urself from paying any maintenance u must show as suggested above otherwise maintenance order wil definitely follow..
Amit Minocha
(Expert) 09 January 2011
giving interim relief is the discretion of the Court. Once the relation is not denied, it is generally awarded by the Court. You can defend on the amt demanded and on grounds of your ability to pay and your other liabilities etc. Ms Archana Advocate has also guided correctly.
