Hi, the interim maintanance will be calculated from the date of order whereas the final order of maintanace will be calculated from the date of petition ...wait till next date of the judge do not passes a order of interim maintaince file a application in high court for relief
Interim maintenance
I was married in February 2010. After six years of horrible married life I separated from my husband in September 2015. I filed a DV in August 2016 in which a request for interim maintenance was also filed since I was not working and my husband was earning more than one lakh per month. However in February 2017 my husband says that he has quit his job and has no earning. In June 2017 the judge after responses and arguments from both parties said an order for interim maintenance will be given. But till date the order has not been passed and very month I get next date since the reader says that judge has not been able to make the order. Now the next date is in November and even then I think I will not get the order. Meanwhile no further arguments are taking place for the DV since all dates are listed for judgement. How can I get this order and how to make sure that the effective date of order is from date of petition rather than date of signing of the order.
Asked 8 years ago in Family Law
Religion: Hindu
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8 Answers
Hello,
Legally the order will be enforceable from the day when the order will be made. For that you will have to wait and see as to on which date the order is passed by the court.
There is no time limit which a judge might take to pass an order. However, I believe it will be passed by November. You may ask your lawyer to do some reki in the court.
Regards
In case any interim maintenance is awarded it would be from date of application for maintenance and not from date of order
2) on the next date request court the pass orders on interim maintenance as application has been made in August 2016 and arguments completed in June 2017
1.Te hearing for interim maintenance in DV case is never delayed so much,moreso,when the mandate of the Act is ti finsih the sholeproceeding within one year.
2. So file a revision in the high court whereby the high court would direct the magistrate to finish hearing by a time line , generally within next 2-3months.
3.The effect of the order is given as per discretion of the court. You can not force it .
Make an appointment for early dispose of your application for getting interim relief. Specify in this application that interim relief be granted to you retrospectively.
If the needful isn't done, get this expedited by approach the Higher Court.
Dear Concerned,
You need to check with your lawyer the exact stage of your case as the matter is pending for final order. It is suggested that your lawyer press for order on the coming date. The reader mentioning that the order has to be made / file for order is right and its the sitting judge who need to take a decision on your matter. You may choose to file and urgency application stating need of money / maintenance - which has to be decided by the court.
Best of luck
Since there is inordinate delay in the disposal of application for interim maintenance by the trial court you may file a writ petition in the High Court to direct the trial court to expeditiously decide the application for interim maintenance in a time bound manner. This is the only remedy.
You canot do anything to cahnge the dates of hearing.
You may have to go by court
Since it is pending at orders stage you may get the order by next hearing.
