LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vishak (manager)     20 October 2015

After devorce - maintenance payable ?

Dear experts  :

I have filed devorce based on cruelty and final argument date is in next week. If i get devorce decree then monthly interim mentenance is payable ? (for which int order is already passed under Domestic violence act and i am presently paying)

Further any one time alimoney amount will be ordered ?

Lastly, will it be helpful in my 498a case for which charges are still not framed since 2 yrs.








 4 Replies


What are the merits from UR side and her demerits, that makes U so confident of getting divorce due to cruelty by UR wife? Still in arguments stage.

vishak (manager)     21 October 2015

i have submitted my evidences and cross is completed. She did not appeared for evidence and her evidence is closed by judge and final argument date is given to us.

I expect it to be in my favour..


Suneet Gupta (www.vashiadvocates.com)     21 October 2015

When the Final Order for Divorce is passed, the judge will also order the final Maintenance Amount / Alimony payable to your wife (either one time or monthly). This is the final maintenance amount which you will then have to pay to your ex-wife.

The interim maintenance payable shall lapse and is not payable. However, some courts, in their esteemed intelligence, have said that the maintenance payable under the DV Act or under CrPC is separate and payable even after the final Divorce and Maintenance order.

In my personal opinion, this view of some of the Honourable Courts is nonsense. However, please understand that the Indian courts are not known for their intelligence or adherence to the law and to precedents. The order in your case can be the pure discretion of the Honourable Judge.


MrSuneet Gupta no court can give paraelle maintenancein two laws. One has to merge as rightly observed by you. When domestic violencedecree is passed it is subject to civil decree to be obtain and lapses into civil decree amount.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register