Court cannot decide interim maintenance without allowing opportunity of rebuttal to husband

Court cannot decide interim maintenance without allowing opportunity of rebuttal to husband

Vijay Kumar vs State Of Rajasthan And Ors

Rajasthan HC

06/11/2033

II (2004) DMC 265, RLW 2004 (1) Raj 464, 2004(2) Criminal Court Cases 595 (Rajasthan)

About/from the judgment:

Criminal Procedure Code, 1973, Ss.125, 482 - Interim maintenance - Allowed on the basis of affidavits filed by wife - Opportunity not given to husband to rebut the sanctity of affidavits filed by wife - Held, trial Court has abused the process of Court - Order allowing interim maintenance set aside and case remanded to be decided after giving an opportunity of rebuttal to husband.

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