• 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 2 years ago in Family Law from Dindigul, Tamil Nadu
Religion: Muslim
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
no definite time is stipulated. once the issue reaches the court, it will take its time to adjudicate as per law.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
There is no specific time period
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
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
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Hi, one one can't say the exhaust time taken before the court.........
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
check pendency of court cases in court wherein you have made application for maintenance . interim reliefs you may get in span of 6 months  .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
atleast 3 years
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you r entitled for maintenance for that period
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
you will definetly bre entitled for interim maintenance which is normally given with in 6 months of filing the application
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
maintenance has nothing to do with your education and earning of your father
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
If you hide it then your claim may be rejected.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
I agree with Mr Ajay Sethi.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
you can definetly ask for two lacs pm for maintenance and for alimony one cr
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
ok  so you can mention that as per his offer letter your husband was earning Rs 4,45,000 per month .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Rightly advised by Mr.Sethi. Consult a lawyer personally now after paying his consultancy charges.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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

.
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Since I do not know any lawyers from Coimbatore or Madurai I express and regret my inability to refer you one.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
thanks for your appreciation . the query is resolved
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Thank you for your appreciation.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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