Tis Hazari Court Interim Maintenance Stayed Due to Petitioner’s Failure to Lead Evidence 09-May-2024 | Tripaksha Litigation Success Story

In the case of xyz vs. xyz (Maintenance Petition No. 237/2019), the Family Court-02, West, Tis Hazari, vide order dated 09.05.2024, suspended the interim maintenance of ₹15,500/- per month earlier granted to the petitioner from the date of filing of the petition (21.08.2018). The Court noted that despite repeated and final opportunities since 2022, the petitioner deliberately failed to file her evidence by way of affidavit, seeking adjournments on one pretext or another. The Court observed that the petitioner is avoiding entering the witness box as she might be suppressing material facts that could come out in cross-examination. Consequently, the Court suspended the interim maintenance till further orders, imposed costs of ₹10,000/-, and granted a last and final opportunity to the petitioner to file her evidence and reply to the respondent’s application under Section 91 CrPC. It made it clear that failure to do so on the next date of hearing (18.10.2024) would result in the petitioner’s right to lead evidence being closed.