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gd (student)     22 June 2009

interim maintenance & final maintenance

what is interim maintenance and final maintenance



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 June 2009

IN a maintenance case application will be filed by the wife seeking interrium maintenance to meet out her expenses, the order passed by the court to pay a sum of rupees to the wife is interrium maintenance. After evidence and argument on both the side, the maintenance amount awarded by the court is final maintenance.

Ziaul Haque Ansari (Advocate)     23 June 2009

When an application for maintenance is filed then the magistrate being prima-facie satisfied, has the power to award maintenance to the applicant, provided the application is supported by an affidavit, then such an award is called Interim Maintenance.

Whereas, Finanl Maintenance is that award which in a case of maintenance the magistrate awards after taking into consideration all the facts, evidences and listening to the agruments for both the saides.

However the magistrate can award the interim or final maintenace award exparte. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     29 June 2009

I do agree with both views.

 


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