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Krishnaiah Krishnsiah   27 October 2021

Interim maintainance

Dear experts,
After filing a petition for restitution of conjugal rights by husband ,wife filed a petition for interim petition and without hearing or counter of husband the honourable court granted an interim maintenance rs.4000 per month .is it justifiable though court having powers ?
Adivice on this.
Thanq experts in advance.


 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     27 October 2021

Hello,

Oppertunity should have been given as it is on going petition. You may challenge the decision of court in revision. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 October 2021

the basic purpose of interim maintenance is to provide fixed reasonable amount to the wife pending litigation, so that she could survive to fight the legal battles. But this term reasonable is a relative term, court has to keep certain factors into mind before awarding an amount of interim maintenance.

Pradipta Nath (Advocate)     27 October 2021

Take out certified copy of the petition and the order copy and file revision petition on the ground that you were not given an opportunity to represent your case. Aside, if the maintenance amount is reasonable, it will be useless to file revision. Further if in the petition or order copy, if you found that any discrepancies or misrepresentation, you can go for revision. Therefore please study the petition and the order copy first, before proceeding.


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