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Ad Interim Maintenance Valid Without Separate Application — NaXXXX Kumar

Ad-interim maintenance is a discretionary relief granted to prevent destitution. No separate application is mandatory — the Court can act on its own motion.

NaXXXX Kumar v. KaXXXX

Core Argument

Ad-interim maintenance is a discretionary relief granted to prevent destitution. No separate application is mandatory — the Court can act on its own motion. The dismissal of a DV Act application does not bar a claim under Section 125 CrPC. Maintenance should be payable from the date of filing to prevent procedural delays from prejudicing the claimant.

Key Precedents

Kusum Sharma v. Mahinder Kumar Sharma (2020 SCC OnLine Del 931) — Delhi High Court held that if admitted income of the respondent is on record, the Court may fix ad-interim maintenance even before affidavits are filed; this direction has not been overruled by the Supreme Court.
Inder Singh v. Sumitra (2019 SCC OnLine Del 9485) — Delhi High Court held that filing of a separate application for interim maintenance is not a pre-condition under Section 125 CrPC; the Court can grant maintenance without an application.
Rajesh Chaudhary v. Nirmala Chaudhary (2006) 86 DRJ 61 — Delhi High Court held that ad-interim maintenance may be granted based on the respondent's admitted income to avoid hardship.

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