PART A
Leave granted.
(i) The present Criminal Appeal arises out of an application for Interim
Maintenance filed ... from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance
provided by Section 125 of the Code.
If maintenance is not granted from the date of
application, the weaker sections ... opinion,
therefore, the Family Court could not have
granted maintenance exceeding Rs.500/- p.m
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either to appellant
directing payment of maintenance pending disposal of an
application for maintenance. The Code does not also
expressly prohibit ... make such
an interim order or not.
The jurisdiction of a magistrate under Chapter IX of
the Code is not strictly a criminal jurisdiction
appeal has been
admitted. On July 18, 2005 an ad-interim order was granted staying
the operation of the ex-parte decree ... direction to the husband to pay to her interim maintenance
of Rs. 50,000/- per month. In that application
subject maintenance
proceedings. Furthermore, the Magistrate granted interim
maintenance of Rs.25, 000/ per month from ... justice would be
subserved if the appellant is granted an interim maintenance
of Rs.20,000/ per month commencing from
Jyotsana Sharda was unemployed at present, therefore, she
must be granted interim maintenance and the Judicial
Magistrate had fallen into ... maintenance but does not decide
the rights of the husband/Gaurav Sharda once for all. It is only
an interim arrangement
Enforcement of order of maintenance.
A copy of the order of [maintenance or interim maintenance ... trial could not be labeled as interlocutory orders. The
Madhya Pradesh High Court held that an application for interim
maintenance
HCHP
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2. The learned trial Magistrate granted interim maintenance
in the sum of `4,000/- jointly in favour ... cause,
therefore, she is not entitled to any maintenance. It is further
argued that even the interim maintenance
prima facie case the wife was not entitled to any interim maintenance. The Orissa decision does not support the appellant that ... absence of a prima facie case she is not entitled to interim maintenance; a proposition which need not be stressed
learned Principal
Judge, Family Court, Dwarka, vide which interim maintenance amount of
Rs.10,000/- per month awarded by the trial ... share each
for mother, wife and two children) and thereby, granted maintenance of
Rs.7,400/- p.m. each person
