regarding fixing
maintenance, either interim or final, and instances were noticed where
the claim for maintenance either interim or final, is decided without
there being ... quantum of maintenance, date from which
maintenance is to be awarded, enforcement of orders of
maintenance including fixing payment of interim maintenance.
As a result
obtain interim alimony and expenses of litigation for no fault of hers. The necessity of deciding an. application for interim maintenance and litigation expenses filed ... question of grant of interim maintenance and litigation expenses and the survival of the petition for interim maintenance after the application for withdrawal
granted interim maintenance at the rate of
Rs.2,500/- per month to the daughter, considering her school
expenses; however, denied interim maintenance ... position discussed above expects that till such issue is
decided, her right to interim maintenance cannot be denied.
27. Therefore, the impugned order passed
learned MM with direction to decide the
application on merit and till the said application was decided,
interim maintenance was awarded as per order dated ... recovered by, such person 76[as monthly
allowance for the maintenance and interim
maintenance or any of them, as the case may be, in
pursuance
extensively dealt with the factors to
be considered while deciding the quantum of maintenance/ interim
maintenance. The observations in the case read as under ... also laid down the relevant factors to be
considered while deciding interim maintenance. The same reads as
under:
"8. Unfortunately, in India, parties
claiming interim maintenance till her application for maintenance under Section 125 of the Cr. P.C. was heard and finally decided. It appears to have ... claiming maintenance. If it does not come in her way in claiming maintenance itself, it cannot come in her way in claiming interim maintenance
income as Rs.50,000/- per month for the purpose of deciding
interim maintenance to the appellant.
14. After considering die factual matrix ... also laid down the relevant factors to be
considered while deciding interim maintenance. The same reads as
under:
"8. Unfortunately, in India, parties
extensively dealt with the factors to
be considered while deciding the quantum of maintenance/ interim
maintenance. The observations in the case read as under ... also laid down the relevant factors to be
considered while deciding interim maintenance. The same reads as
under:
"8. Unfortunately, in India, parties
shall now be the lead matter
and decision in the same will decide the fate of the
maintainability of other matters on Board ... maintainable as against an
order of pendente lite maintenance under Section 24 of HM
Act.
6. Tag the captioned matters along with
month
as interim maintenance and Rs. 2000/- as the litigation cost and in addition to
the above a sum of Rs. 500 per day when ... maintenance granted under section 125 CrPC on two grounds, viz. (a) that in a
divorce proceeding the Civil Court had passed an order of interim