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Victim of Greed (Worker)     10 August 2013

Confusion in date of application for maintenance

Hello Experts,

She had filed petition for maintenance to herself and the minor u/s 125 Cr.P.C. in December 2009... whereas, she had filed for interim maintenance under same section in the month of March 2010 (i.e. 4 months after filing her main petition).

However, an interim maintenance order only for minor was passed since she had declared that she was working. The order states to pay maintenance from the date of filing.

So, which date should I consider ? Should i calculate from March 2010 or december 2009 ?



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 August 2013

March 2010.

1 Like

A.SUMATHY 9380902017 (LAWYER)     10 August 2013

March 2010

1 Like

(Guest)

March 2010 se count hoga.

1 Like

Victim of Greed (Worker)     10 August 2013

Thank you Archana ji and Sumathy ji,

In that case, what about the main maintenance petition she had filed in December 2009 then ? Will that be effective only after the final maintenance order ? If yes, then how will that be calculated ?

Also, would like to know whether final maintenance order is passed and directed to pay from the date of the order OR from the date of filing the petition (in this case, date of filing main petition or interim petition) ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 August 2013

interim maintenance will be applicable from March 2010 and it may be possible that the court pass an order for maintenance in main petition from date of filing the petition.

1 Like

Victim of Greed (Worker)     11 August 2013

Please find word-to-word replicated copy of the order as follows :-


INTERIM APPLICATION NO. 97 OF 2010

IN

PETITION NO. E-552 OF 2009

ORDER

The application is partly allowed.

The respondent is hereby directed to pay Rs. 2,500 per month to the petitioner towards maintenance for minor son, from the date of application.

The claim of petitioner towards interim maintenance for herself stands rejected.


Now, as you can see, she had filed main petition in 2009 but interim petition in 2010. So, I really hope the order is effective from 2010.

Please help me experts !!!!!!!!!

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 August 2013

Dear Querist

as the word mention in the order is

from the date of application , so it is applicable from the date of filing the interim application and not from filing the main petition.

Feel Free to Call

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