INTERIM MAINTENANCE

Arvind Singh Chauhan (Querist) 03 July 2010 This query is : Resolved
Order to pay 1800 pm as interim held against my client in 125. After order my client revealed that he is paying 1500 interim under h m act. What to do now.

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Devajyoti Barman (Expert) 03 July 2010
Nothing. Just wait for the execution case where you could pay the deficit amount provided no order is passed in the matrimonial suit.

adv. rajeev ( rajoo ) (Expert) 04 July 2010
File a revision petition in the Dist., Court against the order and produce the proof of paying the maintenance already or file an application u/s 127 of Cr.P.C before the same court which has passed an order of maintenance to alter the order by producing the proof of paying the maintenance already.

G. ARAVINTHAN (Expert) 04 July 2010
Devajyoti Barman is right.

Wait till the wife file execution petition and you file counter in that E.P that husband is already paying Rs.1,500/- and hence defecit amount can be claimed

Arvind Singh Chauhan (Querist) 04 July 2010
Thanks for show me the ways.If I apply for 127. Would I succeed? Sec 127 envisage, if there are change in circumstances after the order of 125, but here my client is in fault, order of maintenance has already been under HM act before the order of interim maintenance in 125.

Arvind Singh Chauhan (Querist) 04 July 2010

Uma parameswaran (Expert) 04 July 2010
File a revision petition better than 127 petition.

Legal Fighter (Expert) 04 July 2010
why didn't u put this fact in your 125 W.S.? If the HM order was passed after filing W.S. in 125 CrPc, did u brought this order on record of 125 CrPC? If not, I don't think you have any ground to challenge. No body could help those who don't help themselves.

Guest (Expert) 04 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MATTER KINDLY NOTE THAT.

1.HUSBAND IS ALREADY PAYING MAINTAINENCE OF RS.1500/-P.M.UNDER H.M.P.MATTER .AND AGAIN RS.1800/-P.M .INTERIUM MAINTAINENCE ORDERED UNDE SEC.125 CRPC.
2.IN CASE YOU NEED PERFECT AND EFFECTIVE REMEDY YOU MAY FILE A WRIT PETITION TO THE HIGH COURT AND MENTION ALL FACTS AND ALSO INCOME IS INSUFFICIENT TO PAY BOTH AMOUNTS.
HIGH COURT MAY CONSIDER AND REDUCE THE AMOUNT OF MAINTAINENCE AND PASS APPRORIATE ORDER.
YOU WILL SUCCEED.
GOOD LUCK.

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