Legal Question in Family Law in India
interim maintennce order.
hi. I have filed 498A, dva and sec 125 against my husband. I have a daughter who is 2+. she has some heart ailment since birth. My order for interim maintenace is due in sept 09. However, we have been given dates again and again for the same for the past 6 months. but interim order has not been given yet. Somebody told me, that my husband had been bribing the magistrate not to pass any order in my favour. I am living apart since 2+ yrs and all my expenses are borne by my father. Please tell me what can be done. will interim maintenace will be given to me or not, cz ihave to admit my kid into a play school. what should i do in order to get the interim order ASAP. my lawyer says he cant do anything if the magistrate is not writing the order. He said that judge will write order according to priority, and since i was at second number she did not write any order for me and ''would'' do it on the next date..how far is this true? how long does it take to get interim order? i filed 125, 1.5 yrs back. pls help
3 Answers from Attorneys
Re: interim maintennce order.
wait and watch court take some time but definately it will pass order but what amount which u getwill be very meagre amount and not sufficient for yourself and your child who needs medical treatment you should approach family or civil court to file a case u/s 18 of HINDU ADOPTION AND MAINTENECE ACT and if you or husband has already filed divorce file a applicationof maintence u/s 24 of Hindu marriage act you can demand handsome amoutn at par with your husband salary irrespective of getting maintenence u/s125 you are entitle to claim in both civil and criminal courts for more details www.angelfire.com/folk/indianlaws
Re: interim maintennce order.
You should be entitled to interim maintenance.
You may make a written request/[prayer to the Court for expediting decision.
In case your prayer is rejected or not decided expeditiously, you may file an appeal/revision before the next higher court.
Re: interim maintennce order.
you can also ask maintenance under DV act, HMA, HAMA etc. under s125 you can only get meagre amount of maintenance.