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Interim maintenance u/s 125

(Querist) 03 August 2015 This query is : Resolved 
I was awarded maintenance of Rs 10000 under domestic violence case by adj and High Court also uphold the judgment in 2011. My husband challenged the judgment in Supreme court ,but was dismissed.
I had also filed maintenance suit u/s 125 and ADJ awarded interim maintenance Rs. 20000 PM and said that amount awarded in DV be adjusted in this . My husband challenged the interim maintenance order in high court and high court asked my husband to pay Rs.1.5 lacs and further order that 50 % of the amount / accruing in future shall remain stayed/ The petition has been admitted now and will be heard after year.
Now my querry -
1. Can adj modify high court order ( which had atained finality).? Domestic violence maintenace was adjusted by adj in 125 interim mainteance ?
2. what is the maintenance PM after high court order of stay of 50% .
3, Interim maintenance appeal can be admited by high court ( The law is that it be decided earliest by magistrate)?

4. After stay of 50% my husband is paying 10000/ as was paying earlier to ADJ's interim maintence order. As per my calculation I should get Rs 15000 as Rs10000 domestic + 5000( 50 % of 10000).

Kindly advice.

Rudrawar Narayanreddy (Expert) 03 August 2015
dv maintenance is now came to be non existing in view of the adj order. now your maintenance is only 20000. half means 10000. the order of adj is final or interim one not clear.
1. adj cannot modify the high court order being lower court
2. maintenance if interim will be as ordered by high court till final order is passed by the adj. if the order of adj is final order high court is final and maintenance will be as fixed by the high court
aisha (Querist) 03 August 2015
DV maintenance was upheld by High court in 2011 and interim maintenance was ordered by adj in 2014. The order of adj was for interim maintenance . My 125 application is pending in JMIC for evidence.

If adj can not modify high court order then how can 50 % of adj order is 10000 as adj ordered Rs 20000 and said Rs. 10000 awarded in Domestic violence case by High court be adjusted. Actualy ADJ 10000 as I was already gettin Rs10000 under DV judgment that was final as chalaged till Supreme court.
Kindly claryfy...........
M/s. Y-not legal services (Expert) 05 August 2015
if it is possible just attach the both order copies madam..

it would be better to guide you.

more over you may clear this from your advocate itself..
seshadri dubey (Expert) 05 August 2015
You have raised an very interesting point of law .....
In my calculation you are right, you should get Rs-15000/-
aisha (Querist) 05 August 2015
Thanks Seshadri dubey ji and Ynot legal services for taking time for my query. I consulted my advocate but he is not sure of the amount. I am sending both order as follow-
1. High Court - " Learned counsel for the petitioner, on instructions, states that he shall bring a demand draft for a sum of Rs.1.5 lacs in the name of respondent-wife on the date fixed towards arrears of maintenance.Subject to payment of an amount of Rs.1.5 lacs to the respondent-wife on the adjourned date, 50% of the arrears of maintenance
and amount of maintenance accruing in future shall remain stayed till next
date of hearing"
2 High court- " The amount of maintenance would be subject to final
decision of the present revision petition.
Meanwhile, execution proceedings, if any, shall remain stayed."
3. ADJ - " The respondent husband is directed to rs. 20000 PM to the petitioner wife from the date of application and it is hereby ordered that the amount given in this very petition be adjusted as granted under domestic viloence act 2005."
aisha (Querist) 05 August 2015
I request experts to kindly help me to claryfy the confusion.


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