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Binita Deka   13 November 2018

stay order on interim maintenance

Petitioner I.e. wife claim maintenance, interim maintenance and tries not disclose about her job.And in the same time respondent have very low income.At that point of time what should be strategy so that respondent is free from giving interim maintenance and maintenance under Section 125 crpc


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 4 Replies

ANAMIKA VICHARE (LAWYER)     13 November 2018

If you know where wife is working you can make an application for issuing production of documents summons for appointment letter etc to her employer.  If you know that she is having bank account is particular bank, you can issue witness summons to the Banker.    If the Respondent has low income, you must show proof by way of bank statements and also produce bills of expenses, medical, others, and liabilities.    Do not engage hifi lawyer.   Then it might be concluded husband’s financial capacity  to engage hifi lawyer.    Hope you got me.

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Binita Deka   13 November 2018

Case was filed under Section 125 crpc. I am from respondent side.I am a new commer and this is my first individual case so I am little bit confused.Next date is for hearing on interim maintenance. So what should be my strategy. Please help me out. I have documents regarding her job. Actually they have two boy child and they are residing with mother. And respondent I.e. his band applied for their guardianship in another court. Their Counsel on the last date argued that respondent is not given a single penny for his child and mother is housewife.So they need interim maintenance. Respondent is daily labourer. Now what should be my strategy.please help by giving your valuable advice.

P. Venu (Advocate)     13 November 2018

Any suggestion depends upon the pleadings and the probative value of the documents, if any produced.

Dr J C Vashista (Advocate)     14 November 2018

@ Binita Deka,

Unbelievable fabricated academic story.

How you can be respondent in a case u/s 125 Cr PC wherein you have mentioned "wife" is working ???

Seek guidance of your lawyer if there is some "truth" in your question paper.


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