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Ad Interim Maintenance ..How To Prevent Or Avoid ?


14-Nov-2024 (In Divorce Law)
Any way to prevent ad interim maintenance. Any judgement or anything that helps husband in preventing ad Interim maintenance ?
Answers (4)

Answer #1
617 votes
The best way to avoid ad interim maintenance is to ask your advocate to get prepared to argue the application for interim maintenance on the first date of hearing itself. Please note that file your reply to the application beforehand by supplying advance copy to the opposite party. If your lawyer is good, you'll not only be able to avoid the ad interim but may get successful in getting her application rejected in-limine.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRato Delhi | 700+ Answers
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Answer #2
538 votes
Practical Steps to Prevent Ad-Interim Maintenance File Detailed Reply A detailed written statement with evidence of the wife’s income, assets, and financial stability should be submitted. Provide Evidence of Husband’s Liabilities Show the Court any existing liabilities like loans, dependents, or prior maintenance obligations to justify reduced or no payment. Request Detailed Affidavit of Income and Assets Insist that the wife submits an affidavit of her income, assets, and expenses as per Rajnesh v. Neha guidelines. Challenge Ad-Interim Relief on Urgency Grounds Argue that the wife’s application for ad-interim maintenance lacks urgency and does not meet the criteria for immediate relief. Key Judgments to Cite in Opposition Raman Mittal v. Shivani Mittal (2013) Maintenance cannot be granted without establishing the inability to maintain oneself. Bhagwan Dutt v. Kamla Devi (1975) 2 SCC 386 Maintenance is discretionary and based on evidence of need and financial capacity. Rohit Chauhan v. State of NCT of Delhi (2013) If the wife is educated and capable of earning, she is not entitled to maintenance.
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Advocate Rupal Dwivedi

Adv. Rupal Dwivedi

LawRatoDelhi | 50+ Answers
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Answer #3
762 votes
See, if you are agitated against the ad interim order , you could just file an appeal u/s 29 of DV Act,2005. The thing is that you should show how your wife has potential to earn and how much she is skilled/educated.
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Advocate Ashutosh Kumar Mishra

Adv. Ashutosh Kumar Mishra

LawRatoDelhi | 50+ Answers
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Answer #4
565 votes
If there is a child there is hardly any chance to avoid or if the income affidavit is not available from wife then you can prevent and if she is working you can prevent and if ur income cannot be seen at first instance you can prevent and at phase of petition no cruelty or there is unjust reason to leave the matrimonial home for further details please feel free to call
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Advocate Anupama Sharma

Adv. Anupama Sharma

LawRatoDelhi | 200+ Answers
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