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D R PRAKASH   25 August 2016

Interim maintenance

1. What is the minimum and maximum Interim Maintenance permitted in Karnataka under section Cr.P.C.125(1) ?

2. Can the maintenance be paid as commodities rather than monetary form ?

3. What is the contribution of the petitioner towards the family for getting the maintenance, when she stayes away deserting the family for over 18 years by mounting huge debts on the husband.

Even guests contribute services in preparing, cooking, house keeping, washing, cleaning etc. during their stay.

How can law make a person lazy by granting FREE money from the HARD earnings made by shedding sweat and blood ?

4. Can things be discussed on the day reserved for the posting of orders ?



Learning

 4 Replies

Mukesh sharma (job )     26 August 2016

Hi DR. parkash  im not fully agree with you but as per your question interim money notmatter how much is its all depend on who file for its and how muuch she requirment and what about court thnink about it 

other side how much party give and his condition thats all 

so plz if you have some question than you will take help family lawyer 

thanks 

N.K.Assumi (Advocate)     26 August 2016

Autohide4u, I appreciate your valued comments, but no need to be so elaborative. yes, these women tribe only wish to live on the hard earned income of the husband, without knowing that even ants, bees etc, earn their own living.

BISWANATH DAS (service)     26 August 2016

Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case – Karnataka HC

Case Number: CRL.RP 815/2009

Judge(s): JAWAD RAHIM

Petitioners: KRISHNAMURTHY NOOKULA

Respondents: SAVITHA Y

Date of Judgment: 9-Dec-2009

Bench: Bangalore

The order was based on reading of Section 23 and Section 28 of PWDVA given below.  Sec 23 (2) allows the grant of ex-parte order based on affidavit of petitioner.

Section 28(1) clearly says that all proceedings under DV Act will be as per Code of Criminal Procedure (CrPC).  It also allows the court to lay down its own procedure but only for sub-section 23(2) which relates to grant of ex-parte order.  So court cannot create its own procedure for grant of relief if notice to respondent/husband is already issued.

So if you have received a notice under DV Act, then file your statement/objection and use this judgment to make sure that orders for relief are passed only after your evidence is taken up by court.

In Karnataka, this judgment has to be followed by all the lower courts.  In other states, it is not mandatory but this judgment can be shown as a precedent of another high court to get similar relief.

source: mainsright india.

sachin   02 September 2016

Can e female advocate get interim maintaince 


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