On-line Session For Steps To Win the Interim Maintenance
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On-line Session For Stress Management Through Meditation
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in case in issue please contact helpdv@yahoo.in
On-line Session For Steps To Win the Interim Maintenance
&
On-line Session For Stress Management Through Meditation
Online Registration
in case in issue please contact helpdv@yahoo.in
First we need to understand that interim maintenance is teeth of Domestic Violence law, and bite of these teeth is very painful.
If you want to win the PWDVA, you need to reduce or nullify the power of interim maintenance, if you successful on this front, you win the 50% case, rest is depend on your strategy / type of evidence / and your cross skills.
Once Interim maintenance order is passed, wife is more dangerous as she have one more weapon with her i.e CRPC 125 (3) and Recovery process
Interim maintenance can be passed based on Affidavit. If your side is consider during argument then it is well and good, but most of the time order is based on wife affidavit and your salary. All the allegation and other objection will be take care after order is passed.
So don’t expect much at this stage, most of time result is against you, but you need to fight back!
These are the following five strategy to handled the Interim maintenance Order
1. Regular Paying the Interim Maintenance Amount
2. Appeal Against Order in 30 days : ( U/S 29 of PWDVA )
Before filing the Appeal 1st understand that this is only the interim or temporally relief till the DV case is going on, it is not final order, so be careful for taking this decision.
When to Filed the Appeal
Disadvantage of Appeal
Advantage of Appeal
Please note if you failed to filed the appeal in 30 days, and time is elapsed you can still filed the appeal using the “Condonation Delay Application”
3. Revision OR Change of Circumstance
You can filed the “Change of Circumstance” at any stage during your DV, and this is very helpful if you have proper evidence
For Example: Wife show she is not working at the time of Interim, but later she started working, you can show her income detail and Interim can be revised.
Process to follow while filing the Revision
1. Filed the application in same court who passed the Interim order
2. If rejected then go to next lever court i.e Session court or High court
4. Not Paying any Interim Amount
This is very dangers stage, Opposite party can filed the CrPC 125 (3) and Recover
5. Following the Order but not paying the full amount
You can look my other blog
https://mensrightactivist.wordpress.com/2013/11/18/5-steps-to-win-the-interim-maintenance/
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