Whether interim maintenace can be awrded when 340 crpc is pending?
Raman
(Querist) 31 March 2013
This query is : Resolved
My sister in law has filed the case for maintenance against my brother and claiming 1 lakh per month despite of this she is working and able to maintain herself and interim maintenance she has demanded 1 lakh also
We has filed the reply and also move the application u/s 340 CrPC which is pending before the same Ld Magistarte
Now there will be an arguments for interim maintenance ?
Whether Magistrate can award the interim maintenance when the application u/s 340 Crpc is pending before the Ld Magistrate??
Devajyoti Barman
(Expert) 31 March 2013
The Magistrate can hear interim petition even before 340 crpc petition.
Raj Kumar Makkad
(Expert) 01 April 2013
The proceeding of 340 though has been moved in the same petition but it shall run simultaneously as a different case whereas the court is bound to move ahead in the pending petition.
If your brother has produced the proof of service of your sister in law then nothing to worry and let the court decide the interim maintenance application as per law.
Sajjan B G
(Expert) 02 April 2013
yes.But if she is working and you have produced the proof for same, no maintenance will be ordered.
