Legal Question in Criminal Law in India

I want to know that how can she prove that i have neglected my while i want her back and already filed a case under section 9 of hindu marriage act. First i have filed a case under section 9 on 29th August, 2012 and when she received the summons then she filed a case under section 125 Cr. PC. She herself neglected me and now she is saying that i have neglected her. Mostly i want to know that-

Can she claim the maintenance without proving that i have neglected her.

or

the court can give her maintenance without knowing that i have neglected her or not. While she is living separately on her own desire. I have a proof of Police Station where she gave an application stating therein that "My husband's behavior is not co-operative with me so i want to go back my mother's home on my own desire." She leave me just saying that she is going on her own desire.

So now i want to know that only this sentence that my husband's behavior is not co-operative with me can grant her the maintenance.

Kindly tell me.


Asked on 12/24/12, 12:57 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

May be

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Answered on 1/03/13, 3:10 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

interim maintenance can be given without going into merits of the case.

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Answered on 1/04/13, 4:08 am


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