Struggling with 498a and Interim maintenance cases here are the few judgments which would help you-:
Lawsuits can be an expensive affair, therefore preparing yourself well before lodging a lawsuit is essential, here are the few tips which you should consider before filing a lawsuit.
1. Documents/Witnesses- Make sure you have all the requisite evidence before staking any claim in the lawsuit, which includes all the documents, A seasoned lawyer would give an appropriate opinion about all the evidence which would substantiate your aim. Do not proceed if you don’t have such evidence.
2. Legal Opinion- A legal opinion from a seasoned lawyer is a must must, he would better in the position to guide you whether to proceed with the suit or not. Legal technicalities like limitation period, relevancy of evidence. A good legal opinion would save your money and time.
3. Period and fees-you should have a clear idea about the period of the suit and the amount you would be spending on such suit, A research on this would be a better option.
4. Hire a good lawyer- Finally a lawyer can break or make your lawsuit, hire a good lawyer this can be tricky, a good lawyer would always keep you informed, this you can judge it while taking legal opinion, if you think you are satisfied with the legal opinion then you would be satisfied with the work of that advocate.
After considering the whole matter, I am of the view that the argument has no force. Under the Code there is no provision for filing an application for granting interim maintenance during the pendency of main application under Section 125 of the Code after the Supreme Court judgment holding the right of the petitioner under Section 125 of the Code to get interim maintenance. Almost in all cases applications for interim relief are being made. This application for interim maintenance is by itself separate matter and . it has to be disposed of separately much earlier than the final order in the main case. By an order of interim maintenance, the rights of the parties are affected and decided finally in respect of that subject matter and by no stretch of imagination such an order can be called an interlocutory order.
Read judgement- http://indiankanoon.org/doc/427266/
Queries-: Click Here
NEW DELHI: The Supreme Court has ruled that family courts cannot delay grant of maintenance to an estranged wife and said there was no escape for a husband from the responsibility of giving sustenance money to his wife despite soured relations.
Dealing with a case where grant of maintenance had been delayed by nine years, a bench of Justices Dipak Misra and V Gopala Gowda said, “This delay in adjudication by the family court is not only against human rights but also against the basic embodiment of dignity of an individual.”
CRIMINAL APPEAL NO. 1277 OF 2014
(@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)
ARNESH KUMAR ….. APPELLANT
STATE OF BIHAR & ANR. …. RESPONDENTS
J U D G M E N T
July 2, 2014.
Our endeavour in this judgment is to ensure
that police officers do not arrest accused
unnecessarily and Magistrate do not authorise
detention casually and mechanically. In order
to ensure what we have observed above, we give
the following direction: