Lawfully yours: By Retd Justice K Chandru

Claiming interim maintenance will not delay hearing of main case

My plea for divorce is pending before Family Court and I am staying separately at my ancestral home with my two school-going kids. I don’t have any permanent earnings and have already run into debt. Can I request the court for interim maintenance from my well-off husband? Will such a plea result in further delay in deciding on my plea? Will I get the remaining amount if the court decides on bigger maintenance in its final verdict?

— Saroja, Thiru Vi Ka Nagar

You can claim interim maintenance by way of an interim application in the pending litigation. It will be taken up and disposed of before the main case. Even if any maintenance is ordered and that is challenged in the appeal that will not delay the hearing of the main case.

Subcontinental politics mostly decide how we treat refugees

Hit by a financial crisis in their country, Sri Lankan Tamils have started knocking at the doors of our State even as cases are registered against them for illegally entering India without necessary documents. Aren’t they eligible for refugee status and empathetic treatment? Can those who had earlier lived in TN as refugees and returned to their home country come back and claim refugee status? Is there any bar on local associations helping out such refugees?

— Shanmuga Sundaram, Neelankarai

There is nothing like a permanent status in refugee matters. Though there are international conventions on refugees, largely it is decided on a political basis. The recent amendment to the Citizenship Act is a classic example of how such matters are decided in subcontinental politics. Each influx of a refugee family or individuals will be decided on current political thinking.

However, even if one enters the border illegally, he can’t be thrown out in the same way. Even though persons who went back earlier can once again come here, no preferential status will be given. In the Sornowal case (II), the Supreme Court has held in expelling a foreigner that there is no need to have an elaborate procedure but can be in summary.

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns