LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

How to understand maintenance application?

Wife asked for 1/3 maintenance.

Will she get interim maintenance first?

When will she be alloted regular maintenance?

Is there any time frame for 125 crpc maintenance case to close?



Learning

 2 Replies

Tajobsindia (Senior Partner )     23 January 2013

1. For the purpose of S. 125 CrPC adjudication first interim maintenance is awarded so that a deserted wife is saved from vagrancy and destitution and is a social benevolent provision and is not considered as penalty to husband or respondent as the case may be and is based on prime facie grounds she appraised Court with.

2. After interim is awarded main trial in S. 125 CrPC starts.

3. Normally S. 125 CrPC trial ends soon enough. It is seen averaging a peak out at most 2.5 - 3.5 years maximum pan India at Family Court level if no appeal / stay / defaults in payments resorted by either party.

 


(Guest)

Do interim maintenance starts from first date?

As per reading of her application I understood that she is asking for final maintenance i.e. 1/3 of salary.

She mentioned 498a as ground of cruelty.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register