No one can predict the time frame. You can expect to have your interim relief being decided within a span of 6 months, but the time frame of the main case can be anybody's guess.
How much time taken to get judgement in maintenance case
How much time taken to get judgement in maintenance case? whats the minimum & maximum time taken to get judgement?
Asked 10 years ago in Family Law
Religion: Muslim
40 Answers
no definite time is stipulated. once the issue reaches the court, it will take its time to adjudicate as per law.
There is no specific time period
Generally it may be passed within 60 days form the date of service upon the Husband.Reference Madras High Court judgment.:------
Madras High Court
K.Niranjani vs R.T.Dinesh on 25 June, 2012
DATED:25.06.2012
CORAM:
THE HONOURABLE MS. JUSTICE R. MALA
Criminal Appeal No.709 of 2010
K.Niranjani .. Appellant/Complainant
1.R.T.Dinesh
2.R.T.Giri
3.T.Amsa .. Respondents
Hi, one one can't say the exhaust time taken before the court.........
check pendency of court cases in court wherein you have made application for maintenance . interim reliefs you may get in span of 6 months .
atleast 3 years
can i get maintenance in that period?? i mean until the date i filed case & judgement?? for that 3 years or some years..??? how can i lead my life without maintenance.. if i go to job, i can earn only the maximum of 5 thousand. its not enough for me & my kid.
Asked 10 years ago
you r entitled for maintenance for that period
ok. my dad's position & financial status matters in deciding my maintenance or my qualification & earnings only will take to consideration ??
Asked 10 years ago
you will definetly bre entitled for interim maintenance which is normally given with in 6 months of filing the application
maintenance has nothing to do with your education and earning of your father
your father financial status does not decide your maintenance . if you are working and highly qualified court will consider it while deciding your maintenance . generally working women are not entitled to maintenance .
Im not working now. If i go to work in future.. i can hide it know..??
Asked 10 years ago
Your father's riches or lack of it is no criteria to decide you eligibility to get maintenance and also the quantum thereof. If you are not working and have no financial resources of your own then you are likely to get maintenance.
If you hide it then your claim may be rejected.
How do they know that im working or not??
Asked 10 years ago
Please dont think that i like to cheat the court by hiding my job. I cant be stable for some 4 or 5 years. Atlease i have to start my career now. I will not going to get any crores as alimony. I have a girl baby. I have to earn for her. So i have to start my career at least now know
Asked 10 years ago
I agree with Mr Ajay Sethi.
madam do you think your husband or his advocates are fools ? if you file for maintenance and hide your job they will move heaven and earth to find out the truth . if it is found that you have suppressed facts from court regarding your job court will draw adverse inference against you . you wont get maintenance and your husband will file case in court against you for perjury ie lying on oath
When it comes to chalking out the legal strategy every one thinks that he is smart, but lawyer as a trained legal mind is smarter than a layman on any day. No stone will be left unturned by the lawyer of your husband to prove that you are working. Hiding the truth from court will backfire in more ways than one as not only your case may be dismissed, you may also be prosecuted and punished for perjury. You have the right to get maintenance for yourself and your daughter, but do not suppress truth from court.
do not worry in-spite of working you will still be entitled to maintenance as maintenance will be fixed according to the standard of your husband earning and standard of living.suppose your husband is earning one lac per month and you are earning ten thousand per month ,in that case you will be entitled for fifty percent of his salary
my husband is working in US. His monthly salary is 7250$ nearly 4,45,000 rupees per month. he has a house in chennai. its a three floor building. he got rs.25000 as rent from that building. and he has a fully furnished flat in an apartment in bangalore. he got rs.40,000 as rent for that flat. im a msc(cs) graduate. im not working. actually i tried for job. but i didnt get because of lack of fluency in english. in this case how much interim maintenance shall i ask from my husband?? and how much permanent alimony can i seek? please advice me correctly.
Asked 10 years ago
you can ask for 2 lakhs a month . although you may not get that much maintenance no harm in asking for it . permanent alimony decide after consultation with your lawyer . gather all evidence of his income in support of your case . contact a local lawyer
im not expecting that much. i need just 35k every month. and 75lakhs as permanent alimony. is this possible.?? i dont have evidence for his income details. i contacted his company. they said by US law, they are not allowed to give his salary certificate to others. and i know only the address of his houses. dont have anyother evidences.
Asked 10 years ago
you will get more than Rs 35,000 a month if your husband is earning rs 4,45,00 per month . ask for 1 crore in alimony . as for evidence of his income contact a detective agency .
you can definetly ask for two lacs pm for maintenance and for alimony one cr
You may ask for anything between 1 lacs to 2.5 lacs a month. The court will take the monthly income of your husband into account before deciding the amount of interim maintenance. It is very important that you have all the necessary evidence to prove that he is earning 4,45,OOO INR per month as court will not believe your statement to be gospel truth.
No company will share with any one the income details of any of its employees. You should rope in a detective agency to procure evidence of his income.
Court can ask for his salary certificate know. ???
Asked 10 years ago
madam you should always be ready with all supporting documents when you file your case . you need his income proof before hand . on said basis you can make averments that he is earning Rs 4,45,000 per month . your husband can be called upon to produce his salary certificate to reinforce your contention about husband income .
contact a local lawyer immediately
The court may or may not ask him to produce his salary certificate. It is your duty to produce his salary certificate or any other document which supports your claim of him earning 4,45,000 INR a month. In the absence of supporting documents being submitted by you the claim will not stand in court.
now a days courts have started asking for detailed affidavit from both the parties as per PUNIT KAUR :Judgement.in this affidavit each and every detailed has to by given by both the parities which includes salary,houses,any other source of income
I understood. But no one can get the salary certificate of a person working in US in a MNC. Even i asked the private detective agencies in chennai and in sanjose, ca. They said NO. They only can take a video proof that my husband going regularly to work. They said this is the maximum thing they can do.
Asked 10 years ago
You can only show the proof you have in your possession. You cannot manufacture one. If you are not able to procure his salary certificate then file the case on the basis of whatever documents you have.
on what basis you said husband was earning Rs 4, 45,000 per month . . you can make application to court calling upon husband to produce his income tax returns for last 3 years .
my husband got this offer in US on june 2012. we had separated only on oct 2012. he said about his salary details. infact i saw his offer letter. so i know his salary.
Asked 10 years ago
ok so you can mention that as per his offer letter your husband was earning Rs 4,45,000 per month .
shall i withdraw the case, after 6 or 7 months of filing the maintenance case 125 crpc??(if the judge ordered for very poor interim maintenance, then there is no point in continuing the case for some more years. so then i can withdraw it or i should continue my case??)
Asked 10 years ago
as on date no maintenance case has been filed by you under section 125 Cr Pc . take legal help from lawyer practising in your city and then decide your course of action . if you have filed application for maintenance dont with draw maintenance case filed by you . if you are aggrieved by order of interim maintenance file revision before sessions court
Rightly advised by Mr.Sethi. Consult a lawyer personally now after paying his consultancy charges.
I already contacted three lawyers. Two from madurai. And ome lawyer from my own town. I paid consultancy charges to all three lawyers. 1. K.k. kannan from madurai 2. Mrs. Hafiza from madurai 3. Gunasekaran from palani. He is also a notary public. After consulting these lawyers only im fed up with the muslim marriage system & indian laws for maintenance. Mr. Gunasekaran said that "we are not in mumbai or delhi, so we can claim only the maximum of 5000 as interim maintenance. And also he added that my husband wont appear before court. So court give exparty order. And my husband dont have to obey for that because he is in US. In local court in palani judge is not so efficient. He never care about anything. He will give judgement for the maximum of 5000 only. He dont understand english also." This is the statement told by lawyer gunasekaran from palani. Madurai lawyer hafiza told that "your husband is in US, so if we file any case he wont return to india. We have to wait until you die otherwise you have to bring your husband to india by contacting interpol. Do you have that much of influence?? " - this is the opnion of mrs.hafiza. Kk.kannan told that "you can file dv or maintenance. I can finish the case within 6 months. You should give the 15% from the maintenance amount to me." - he finished with these three lines. What can i do?
Asked 10 years ago
no lawyer can charge you fees on percentage basis . if your husband is in USA and you are unable to serve him summons you can apply for substituted service by publication in local newspapers in city in USA wherein he is staying . if your husband does not obey court orders court will issue NBW against him . his property in India can be attached . look out notice issued against him . his passport can be impounded .
take legal proceedings as advised by experts from kaanoon .com
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Ok. But mr.k.k. kannan from madurai asking 15% in maintenance. Can you refer a efficient lawyer from madurai or coimbatore??
Asked 10 years ago
i am from Mumbai and do not know any lawyers in coimabotre or madurai .
it is up to you to decide whether to pay lawyer 15%of maintenance amount . we have already advised you that it is illegal .
services of summons can be made by international agency by the name of www.hagueservices.net which charges you around 95dollers and the summons delivered at the address and it is recognised by indian court as medium for services of summons in international countries
The law of maintenance is uniform throughout India, so I am surprised that you have been told that only in cities like Delhi and Mumbai you can get more than Rs.5,000 as maintenance. If the maintenance amount granted by court is inadequate then you may go in for an appeal in the High Court. The arms of law are long enough to reach any neck howsoever powerful and wherever it might be on the planet. Your husband will not be able to evade the process of Indian law if he is held liable by the court. He will have to comply with the court order, either voluntarily or under warrant of arrest issued by the court.
As for the 15% amount sought by the lawyer you may or may not accept it.
Since I do not know any lawyers from Coimbatore or Madurai I express and regret my inability to refer you one.
thank you all for your valuable ideas.
Asked 10 years ago
thanks for your appreciation . the query is resolved
my pleasure
Thank you for your appreciation.
i sent a legal notice to my husband that he should live with me and my kid or else he have to give maintenance. for that my husband sent talaq letter ( divorce letter) he didnt reply to that legal notice now im not willing to give divorce. i want to stop him from giving divorce until he settled the maintenance. is this possible:??? is there any way? as per muslim law i cant stop him from giving talaq.
Asked 10 years ago
my husband also sent a text message to my mobile that he will accept me if i leave my parents permanently. (i.e) i shouldnt have any contact with my parents anymore. and i shouldnt go to my parental home and speak my parents. i dont agree this
Asked 10 years ago
file application under section 125 Cr pc for maintenance against your husband . you cant stop your husband from giving you divorce if it is granted in presence of witness
You may apply for maintenance for yourself and your child. Talaq given by him can be challenged only if he does not follow the procedure laid down in muslim law as to the presence of witnesses.