Hi, I need your opinions/views on this below topic.
Main MC petiton filed in Sept 2013. But since it was taking too much time Interim MC was filed u/s125 CrPC in Dec 2013. In March 2014 Order was given in Interim MC to pay from March 2014 Rs.5000/- Per Month. But Respondent paid only partial amount Rs.15000/- pursuant to Interim Order during the peiod upto Final Order, which was made in July 2015
After Interim Order, the Main MC was run upto July 2015 during this period PW1 (Wife), 2,3,4 chief and cross completed.Followed by RW1,2,3 chief and cross completed. After arguements Final Order in Main MC passed in July 2015 to pay MC Rs.6000/- Per month from July 2015. But this Final Order was complete silent about Interim Order or amount paid under Interim Order.
Now the PW1(Wife) filed enforcement petition to get arrears under Interim Order.
But Respondent was arguing like this:
1. Once Final Order is made the Interim Order cease to exist by operation of law. All the MC Rights and Liabilitities shall be decided based on the Final Order. Is this stance correct? If correct absolutely or subject to any conditions.
2.In Final Order, it was mentioned as "having regard to the facts and circumstances of the case", and Ordered to pay Rs6000/- Per month. So the Respondent says these words clearly demonostrate that the the Learned Judge assessed from which which date the PW1 is entitled for MC and accordingly fixed the date of Final Order, from this date to pay MC. So the PW1 is not entitled for MC as per Final Order for the peiod prior to date of Final Order. Regarding obligation under erstwhile Interim Order, this obligation was nullified by the effect of Final Order. Is this stance correct?
3. Since Final Order made RW1 not liable to pay any MC for the peiod prior to the date of Final Order, RW1 says whatever the amount paid under Interim Order though part payment, for the peiod which falls in that "not entitlement period" that amount be made to set off for the amount liable to be paid under Final Order. Is this legal stance correct?
Both PW1(Wife) and RW1(Husband) are equally qualified. But in cross examinatoin PW1 denied of doing any job where as PW4 admitted that he was aware of PW1 doing job prior to Job.
Please share your opinions/views
Regards
