Interim maintenance filed seperatly
rohit
(Querist) 18 December 2013
This query is : Resolved
I Filed for my divorce,after that my wife filed Domastic voilence case on me.In both there cases she had asked for interime Maintanance.In divorce case ,interim mantenance has been fixed,So now will i have to pay her again intrime mainatanance in domastic voilence case ? as i am already paying her in divorce case
Devajyoti Barman
(Expert) 19 December 2013
Yes, unless the court directs for any adjustment.
The maintenance of divorce case and 125 crpc case are adjusted against each other but not so in DV case.
T. Kalaiselvan, Advocate
(Expert) 19 December 2013
The quantum of award in DV case may be lesser compared to that of the an award in any related previous case but it cannot be said that the maintenance amount cannot be awarded in DV case also once there was an award in a divorce case. The provisions in both the cases are different.