Interim Maintenance

5 years ago

My wife is living with her parents for last 1.5 years and has filed RCR with interim maintenance application. She has stated my business income as 3.5 lacs pm (though actually it is only 70,000 pm, i have ITR of last year). She has not provided any income proof of mine. Also she mentioned that the child is not going to school because of lack of money. My advocate is planning to ask 4 weeks of time for our reply in the first court hearing. My question is, whether court can grant -interim maintenace in the first hearing itself just after listening my wife that child could not get admission in school because of lack of money, without looking at my income proof (which I will give in 2nd hearing). My 2nd question is: if the court decides interim maintenance to wife on first hearing then what will be the most probable amount ?

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Rajender Prasad

Responded 5 years ago

A.you can submit your written statement through your advocate giving proper evidence of your previous ITRs. Usually the courts don,t decide interim/maintenance ex-prate ( without hearing the Opposite parties). you must try to submit your written statement through your advocate as soon as possible.

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ROBERT D ROZARIO

Responded 5 years ago

A.It depends from case to case. Its a discretion of the court. Interim maintenance can be passed by the court on the first hearing. If wife does not have any means of earnings how she is going survive. Court will definitely consider its finding and observations. Better file an affidavit declaring your monthly salary along with your salary slip and ITR file otherwise court will be under an impression that your earnings are 3.5 lakhs per month.

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Sanjay Kumar Jha

Responded 5 years ago

A.Dear Client, The court will not grant interim maintenance on the very first hearing. you should take plea of your earning before Court , for which you may be granted time of at least 21 days to file yr reply. For more legal help call me

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Kumar Karan Agrawal

Responded 5 years ago

A.Dear Client,
As per the usual process of the Court, the Court would not grant interim-maintenance in the first hearing. Before deciding the interim-maintenance, the Court will first look into the merit of the case and thereafter work accordingly. However, the Court has a vast discretionary power.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
If Court ventures to pass exparte orders then just ask your advocate to produce IT returns as interim objection and see that minimum of Rs.5k may be allowed. |Then file detailed objections. Usually the courts never pass interim maintenance on first hearing, be assured.

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Junaid Ali Khan

Responded 5 years ago

A.The interim maintenance and maintenance amount are decided on the basis of how much husband is earning. Court after listening to both sides decided on each issue. That means court may or may not decide on 1 date but generally it takes 4-5 dates.

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prasad

Responded 5 years ago

A.Dear client court will not grant interim maintenance on first hearing. Court will surely give u time of at least 21 days to file yr reply. For any legal help call me

Adv Prasad Patil

Pune

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client you can submit your income proof into court.let the court decide what interim maintenance grant to your wife.

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Bharat Pawar

Responded 5 years ago

A.1) No court will grant her maintenance.
2) It all depede up on facts of case to be proved before the court.

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Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir court have power to decide it . But Ur duty to file income proof in court

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Prabir Kr. Chakraborty

Replied 5 years ago

WO to file to resist interim order; LD. Adv to plead not to pass exparte interim without hg. on WO & evidence. Petitioner to prove the income. Take further assistance from Vidhikarya.
PKC, Adv.

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