Interim maintenance
Sagar
(Querist) 25 August 2014
This query is : Resolved
Dear Sir/Madam,
I am working person in Pvt. Company.
My wife was registered false domestic violence & 498, in the non-justification court to harass me, but due to strong proofs argument, Domestic Violence application was dismissed on justification point.
And in 498 case police were reported ‘B’ false to the court than she withdrawn case by not press memo.
Same time in a non jurisdiction area court, She was registered restitution application along with u/s 24 maintenance application. As an opponent we filled application u/s 27 jurisdiction point.
but court was dismissed both application by ordering Both will be ordered along with main petition.
On this jurisdiction point I went in to high court and I got stay (now this case is in pending list).
Mean while I applied for divorce in jurisdiction area and she applied for u/s 24 Interim applications again.
She is doing this for money –
If court allows her interim, then she will start harassing me in different ways.
So Question is –
1. Is she still eligible to get interim (with cruel minded )?
2. Is there any citation/case that can help me to reject her application and court will order ‘POTAGI’ along with main petition (divorce)?
Please help me fast..if possible.
Thank You.
T. Kalaiselvan, Advocate
(Expert) 25 August 2014
She can very well apply for interim maintenance u/s 24 of HMA, you challenge the petition on the basis of the facts you rely upon, let the court decide it on merits. For citations, you should look for one yourself.
ajay sethi
(Expert) 25 August 2014
court will consider her application for interim maintenance . you have not mentioned whether your wife is working or not . her qualifications .
Rajendra K Goyal
(Expert) 25 August 2014
She can claim maintenance, oppose the move on the basis of her qualification and previous employment if any.
Sagar
(Querist) 26 August 2014
Ajay Sir,
She is MA BEd (English) and she is taking private classes.
Thank you.
