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amit jhaveri (managing partner)     20 January 2014

Domestic violence interim maintenance order

The wife after 21 years of marriage and 2 children aged 15 and 20 years has made allegations of verbal abuse and haressment against her husband.  

No claim is made in respect of DOWRY OR PHYSICAL ABUSE.

The wife is earning Rs.476000/- per annum and the husband Rs.20000/- per annum.

Can the trial court pass interim maintenance order without taking into account the income of the wife ?

Can the the trial court order payment for children expenses despite the proven fact that the wife makes no contribution to the children expenses since thier birth ?

 

Thank you



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     20 January 2014

Dear Querist

Its depend on the facts, allegations & Prayer, file your objection before court.

the court have power to pass an order ex-party if think fit.

Saurabh..V (Law Consultant)     20 January 2014

@Author

 

In my view, generally courts sends notice to the second party (respondent) before decide interim maintenance. However it is not obligatory.

 

As rightly opined by @Nadeem, you should file objection and take a stay order on this maintenance. All the best!

 

//peace

/Saurabh..V


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