125 cr.p.c

Guest (Querist) 13 January 2012 This query is : Resolved
My wife filed a case 125 cr.p.c for maintenance last year. Court passed interim order for Rs.1200/- for wife and Rs.800/- for minor child. I have been paying the said amount regularly.

Now in first week of January 2012 court has passed the final order. My wife's petition is declined and dismissed and court had allowed the Rs.1200/- for minor son from the date of filling of the petition. Court has also said in its order that if any amount paid towards interim maintenance, then same shall be adjusted from the amount granted by this judgement.

Query:- Since I have paid interim allowance to my wife. Now her petition has been declined, Will my wife return the money which I have paid her as interim. How will I adjust the maintenance of my minor son . Please explain

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ajay sethi (Expert) 13 January 2012
since you have been paying your wife interim maintenace of s 1200 per month it shall be adjusted against amount payable for your son till date of judgement . however arrears for period from filing of petition till date of order of interim maintenace will have to be paid by you .

adv. rajeev ( rajoo ) (Expert) 13 January 2012
it is an interium maintenance to your wife. In my opinion you cannot.

M/s. Y-not legal services (Expert) 13 January 2012
yes., you can not get refund that money which is paid to your wife as interim maintenance..

-tom-

Advocate M.Bhadra (Expert) 13 January 2012
You can not return back that you have already paid and can not adjust on the basis of interim payment,you should follow as per final order.

Sankaranarayanan (Expert) 13 January 2012
Yes you can't bcz aaccording to the interim u paid so u can't

Shonee Kapoor (Expert) 14 January 2012
Though strictly speaking you can not adjust the amount given to your wife against the maintenance of your son.

But try doing so, sometimes the other party is not so clear of the orders and for getting maintenance she would need to challange your calculations.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 16 January 2012
Agree with experts.

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