Hello Lawyers, Hope you are well. Thank you for all your help. My Story: Married in 2011. Separated since 2017. I live in US. Wife lives w son in India since 2017. I filed for divorce (HMOP) in India in Jan 2018. Wife filed MC, DV (against me, my parents, who live in India and sister, who lives in US) subsequently. She also filed for interim maintenance. In MC case, case status was 'CMP Pending' until last hearing and now it is 'enquiry'. My lawyer said an order was passed on the interim maintenance. But he is not giving details. First he said he will get the order in a week. After that he said it will take a month. When I followed up again, he said he has the summary order. And it will take longer to get the full order. He is just not providing me a straight forward answer. My questions: - Is there something as "summary" order? - Wouldn't the judge announce the decision on the CMP on the day of hearing? - Will the judge ask both the lawyers to agree on an interim maintenance amount if both sides presented a lot of conflicting arguments? I ask this because, I doubt if my lawyer and my wife's lawyer are scheming together. I know my wife's lawyer gets a big share of all awards. - I am not able to retrieve the order on https://services.ecourts.gov.in/, "Court Orders" section. Is there a way to get the order, if an order was passed, without my lawyer knowing about it? Thank you again.
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Court would pass detailed order regarding interim maintenance
2) it is not necessary that order would be passed on date of hearing
3) not necessary that both lawyers have to agree on maintenance amount
4) you can make application for certified copy of court order
You need to change your lawyer if you don't trust him. Generally the order is passed on merits after hearing both sides. Only in mutual agreement the settlement amount is considered by court. The order you can get it online also if uploaded in court website. You can also find the same if you send someone in court
If you are knowing the case number you can check the status online by logging in to the ecourts.gov.in website to clarify the status and to know about the orders passed by court yourself.
You can engage the services of some other lawyer by discarding the current lawyer if you suspect the integrity of your current lawyer.
Thank you all for answering my original questions. Your inputs are valuable. Here is some additional information and follow up questions. The interim maintenance CMP was argued for several months. On 11-Mar the case changed from "CMP pending" to "Enquiry". I believe the maintenance amount will include arrears from the start date of the case. The case has been pending for 3.5 years now. Questions: 1. How long does it take for the order to be issued, usually, after the CMP is decided? 2. Do I have to pay the entire maintenance amount (including arrears) at once? Or can it be paid in installments? 3. How much time is usually given to pay the maintenance amount? Thank you all again.
order should be passed in a month time
2) you can seek time to pay arrears of maintenance
3) court can grant you 3 months for making payment
If order is passed you have to pay arrears also. You can take some time to deposit the same at the most. You can also appeal against the order if desire
1. If the court has passed an order in the pending cmp, you can get to know about the orders on the same day or if the court adjourns the matter for orders on some other day.
2. You can request the court to permit you to pay the arrears amount in installments, the court will consider your request.
3. The maintenance amount has to be paid regularly every month.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
Further, under Hindu Marriage Act, separation is also a ground for divorce provided that both the husband and wife are living separately for a period of not less than two years at the time of filing the divorce petition
- Hence, if she is not living with you since 2017 and also not want to join you, then you have as well a ground for divorce.
- You can enquire with the help of any person or engage a new lawyer if not satisfied with him.
1. Generally the court pass interim maintenance order same day of argument , and it never take one time from the date of argument.
2. It may be monthly
3. If interim maintenance order passed , then you will have to pay monthly till the time of completing the proceedings of the case.
Dear Client,
1.In general Criminal Miscellaneous Petition is an application filed into the Court for seeking a specific relief.Though it cannot be said how long it might take but Criminal Miscellaneous Petitions are one of the important task of the Magistrate/Judge in the criminal courts so you may assume that it shall take a while considering gravity of criminal cases.
2. It depends upon case to case and shall be mentioned in the final order of your case.
3. The interim maintenance takes around 15 days to 2 months, whereas permanent maintenance can take 5 months to one year.The amount and duration of alimony generally depends upon how long the marriage existed. Marriages that lasted more than 10 years are entitled to be granted a lifelong alimony. Age of the spouse is also taken into consideration while awarding alimony.
Thanks & Regards
Thank you for your inputs. More follow up questions. :) My wife lied about her family property in her Assets & Liabilities affidavit. We had filed an RTI, but didn't get any info. Their family is influential where they live. She has a brother who is working and is unmarried. She claims that her old parents are dependent on her. Questions: 1. Can we hire a private detective to get info about their property and her brother's employment? Will a private detective's report be accepted/considered by the court? 2. Should we appeal the interim maintenance order in high court using private detective's report? 3. Should we pay the entire arrears amount before we can appeal in high court? Thank you. P.S.: I understand lot of these matters are better discussed. Soon I will consult with you. My US credit card does not work for "Talk to a Lawyer" option. I have reached out to Kaanoon.com support.
You can engage a private detective to gather information on your wife and brother employment
2) you should pay arrears of maintenance before filing appeal
3) private detective report are admissible in evidence but should appear in court to give evidence and be subject to cross examination
1. Yes
2. You can do that but it should be admissible evidence what you are submitting in appellate court.
3. That's your discretion. If you don't pay appellate court may tell you to pay it first
1. Until and unless the properties are lying on her name and she yields revenue out of the properties on her name, she cannot be termed to speak lies on affidavit.
If her brother is not taking care of her parents, she cannot just like that leave her parents to suffer, hence she can claim her parents are dependent on her.
2. If you want to file a revision petition before high court against the interim maintenance, it is up to you, but this has nothing to do with the private detective's report.
That will be taken into consideration only while deciding the main application and not at this stage.
3. The high court will impose condition which should be complied by you if your revision petition has to be numbered.
Dear Client,
The investigation report of the private detector is admissible only if the detector/investigator comes in the witness box and faces the cross- examination.In India, the Private Investigation agencies are Legal but there is no law to regulate the conduct of such agencies. The government hardly has any control over these agencies. They are free to operate in India without any restrictions because of the absence any law to regulate them.Therefore, where the Private detective observed or hear anything said by any person, it is admissible as a Testimonial Evidence and are admissible in the court of law.It is perfectly legal for you to hire a private investigator for any trouble that you might be facing in your private or professional life. No legislation or law prevents a private investigator from conducting investigations in the country.
Thanks & Regards
1. Yes, you can hire a private detective for the said work only for confirmation of information ,and if you receive a proof of her property which she is hiding then an application for calling the documents can be filed. in the court.
- Further , if she lies then you can move an application under section 340 crpc for lodging an FIR against her for filing wrong information in the court.
2. A private detective who not having licence as per the rule of High court cannot be accepted by the court.
3. You can approach the High court for decreasing the interim maintenance