Parth Chandra (none) 09 March 2011

Interim Maintenace - CRPC 125

Hi,

I am contesting Crpc 125 case and court has sent me and my wife for mediation. Mediation failed (as expected as my wife only wanted money to join back) and mediator clearly mentioned in the report that husband is willing to take wife back but wife is not willing to join.

Now in the next hearing, Cross examination of my wife is pending. But before that can be done, they have filed for interim maintenance in crpc 125 for her-self alone (to our surprise as initially they have asked for final maintenance and the main case is for cross examination). Apart from this she filed for child custody (for my 3 years 10 months old daughter who is with me right now), divorce under 13(a) and child visitation.

Now can esteemed experts enlighten me with their thoughts and any citations which may deny application of interim maintenance on the ground...
1) That the main application is on such an advanced stage (cross examination)
2) Husband is willing to take wife back without any condition.

Regards,

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 09 March 2011

@ Author

Interim Maint. plea can be verbal / oral and by way of Affidavit and can even be along with main Suit and can be adduced at any stage of the trial so chill out she is within her perjured legal rights to file interim main now !
Mediator report may be one of the inference to show during trial but not the sole evidence as mediation is a voluntary proceedings and under the Act no matter of mediation can be used as defence in any proceeding is also there as a clause and it is now for your side to cross examine her as to why she does not want to live with you. If her reasons expresses valid then Court will amount the award in her favor and against you.

Emotions and sentiments does not build a case especially if it from a husband side so stop whining around and face your wife boldly at Bar before the Bench.

1 Like

Parth Chandra (none) 09 March 2011

Thanks Tajofindia,

Does cross-examination happen in interim application or only order gets passed? I am clueless about the proceeding of interim application thats why asked (even my lawyer seems to be easy going).......Just wanted to find out where the hell I can find a gap to oppose her plea for interim at this advanced stage when cross examination is pending in main application......How did she survived till one year if she is in so much need tof interim maintenance?

Regards,

Parth Chandra (none) 11 March 2011

Does anyone have any strategy/citation/idea on how to counter interim maintenance claim at such an advanced stage and when wife has not placed any evidence to support her claims of cruelty?

Regards,
PC