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No Provision for Ad Interim Maintenance Under Section 125 — NaXXXX Kumar

Section 125 CrPC has no provision for grant of ad-interim maintenance. The Family Court erred by equating ad-interim maintenance with interim maintenance without a specific application.

NaXXXX Kumar v. KaXXXX

Core Argument

Section 125 CrPC has no provision for grant of ad-interim maintenance. The Family Court erred by equating ad-interim maintenance with interim maintenance without a specific application. The order directing payment from the date of filing is contrary to Section 125(2) CrPC.

Key Precedents

Rajnesh v. Neha (2021) 2 SCC 324 — Supreme Court held that a concise application for interim maintenance along with Affidavit of Disclosure of Assets and Liabilities is mandatory; the Family Court cannot grant maintenance without such application.
Manish Divedi v. Jyotsana (2019 SCC OnLine Del 10492) — Delhi High Court distinguished ad-interim maintenance from interim maintenance, but held that ad-interim maintenance must be based on prima facie material; the Family Court here passed a detailed order after hearing, which is more than ad-interim.
Rajesh Chaudhary v. Nirmala Chaudhary (2006) 86 DRJ 61 — Held that ad-interim maintenance may be granted based on admitted income, but only where the respondent admits liability; the petitioner here never admitted liability.

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