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Ramesh (student)     14 February 2012

Interim maintenance order after argument

Dear Sir,

A is a wife of B having a son who has filed a case of interim and regular maintenance against B in a family court. A is a working  woman who has hided this fact from the court and B has produced the documentary evidence that A is working. Advocate of B in argument submitted that since A is working so she is not eligible for maintenance and B is ready to pay maintenance to child on share basis as A is also working. The judge after hearing the argument of both the parties adjourned the case for order on next date.On next date the case was also adjourned by the judge

Please enlighten in above situation

1.what will be the reason for  adjournment

2.when Further  argument for regular maintenance will be started

3 A has not filed any rejoinder after receiving the defence statement from B

4.Will A submit her evidences after the award of interim maintenance

5.If so,thereafter B will also submit his defence evidences.

6 As usual again argument for both the advocate for regular maintenance will be conducted

7.And finally the judge will be delivered his decision in the matter of regular maintenance.

8.Aggrieved upon the decision  can a revision petition  be filed by any party in the same court

   or it can only be filed in the HC as an appeal by the aggrieved party.

Kindly guide in above matter.

Regards

Ramesh



Learning

 2 Replies

Shantilal Pandya ( Advocate)     15 February 2012

 the reasons  for  adjournement  can  be  many  including   confusion  as  to  legal  position  on facts  or  on law ,aggrieved party  can  challange the order of maintenance  in the  very  court itself  who passed  the  order  on the  ground of  concealment of  servie by A    it  would mean  fraud  with  the  The court .  has  inherent power to  setaside   the order  obtained by  misleading  the  court  or playing  fraud upon it ,this  can  be done only  if  the  B  had  for   sufficient reasons  no  oppourtunity  to  contest the  interim  maintenance  application .  regular maintenance    order  can be  passed  at  the  time  of  making  a  decree  or  at  any  time  after  decree, but only on  an appication  for the purpose,   I  hope this  would  be  sufficient . 

  

Shantilal Pandya ( Advocate)     15 February 2012

sharing maintenance   amount for  child  also  by  A  could be  good  but it is not obligatary, the order  for childs  maintenance  may  not be  altered  only  on that  ground   


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