Maintenance amount related

Querist : Anonymous (Querist) 30 October 2019 This query is : Resolved
Sir/Madam I am paying rs 8000 per month(i.e.5000+3000) by the order of court since July 2017 to my wife and 4years Male child for the petition filed by my wife under sec 24 in my jurisdiction. A divorce case in also running in the same court since June 2016 filed by me in my jurisdiction. Now my wife filed a case in her jurisdiction in Aug 2018 and asked maintenance under sec 125 and a order has been passed by the court and I have been ordered to pay Rs 5000(i.e.3000+2000) to wife and child as add interim maintenance . My question no .1. is that should I start paying Rs 13000(i.e.8000+5000) to wife and child or should I go to high court against the judgement given by the court. No 2. for how many days I will have to pay add interim maintenance and when final maintenance be given.? No3. Will I have to pay total Rs 13000 per month in two different districts to the same person. No4 when order to pay rs 5000 as add interim be given then why the case has not been disposed of at that court and it is still open now which kind of decision is left in this case? Kindly reply at the earliest.

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Querist : Anonymous (Querist) 30 October 2019
I am a bank employee and getting Rs 44000 gross salary and Rs 37000 take home salary is it a fair decision given by the lower court of my wife's jurisdiction. Kindly suggest what to do next.

KISHAN DUTT KALASKAR (Expert) 31 October 2019
Dear Sir,

My answers are as follows:

1. is that should I start paying Rs 13000(i.e.8000+5000) to wife and child or should I go to high court against the judgement given by the court.
Ans: You may go to High Court and try for staying the said orders.

2. for how many days I will have to pay add interim maintenance and when final maintenance be given.?
Ans: You have to pay till final orders are passed.

3. Will I have to pay total Rs 13000 per month in two different districts to the same person.
Ans: You have produced the order copy of other Court and close the said case. Both Courts cannot ask you to pay different amounts you are liable to pay the highest amount that is Rs. 8000 per month.

4 when order to pay rs 5000 as add interim be given then why the case has not been disposed of at that court and it is still open now which kind of decision is left in this case? Kindly reply at the earliest.
Ans: It is your duty to produce such certified copies and get modified orders of Court which passed orders at a later stage.

SHIRISH PAWAR, 7738990900 (Expert) 02 November 2019
Dear Anonymous,
If you want court to consider certain facts then you have to produce such documents. Court may consider and pass appropriate order. You have to approach high court and file revision.
Regards,

P. Venu (Expert) 02 November 2019
The crucial issue is whether you had apprised of the second court of the proceedings in the first court? Also, had your wife, in her petition before the second court, made a complete disclosure of the pending proceedings in another court? Though both the courts have concurrent jurisdiction, second court has no jurisdiction when already the matter is pending before the other court. In my understanding the order of the second court is without jurisdiction and hence, a nullity.

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