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Saurabh (Sr Consultant)     22 February 2016

Compensation for interim maintenance after final order

Dear Experts and friends,

I had one question. Say in one case, interim maintenance has been ordered by honorable judge u/s 125/PWDVA and has been rejected in the final order.

Can a compensation be claimed for the amount already paid as interim maintenance?

If answer is positive, kindly provide any ruling if available.

Regards,

Saurabh.



Learning

 4 Replies

saravanan s (legal advisor)     22 February 2016

https://criminallawyersindia.wordpress.com/category/interim-order-of-maintenance-under-sec-125-of-cr-p-c/

1 Like

P.Bashista (Advocate)     22 February 2016

Interim maintenance paid during the trial of 125 case or PWDVA is a prima facia view of the Court, which it can differ from at the time of final disposal of the said cases. So the amount ordered and received during the trial is not refundable. In regard to the term 'compensation' has a different meaning al together in the eyes of law. You may have a case to show that a fake or false case was filed against you and you were harassed. For that you may file a compensation case but under the Indian judiciary system these cases may have a higher threshold to fight on and succeed.

1 Like

Saurabh (Sr Consultant)     23 February 2016

Dear Saravanan S,

Kindly read my question once again. Your ruling was completely different from what I was requesting. But anyways, thanks for the reply.

Dear Bashista ji,

Your reply was more knowledgeable. But, I have heard that a ruling was passed that in case the order is overturned, the money shd be returned. I will wait for few more replies. Thanks a lot.

And not so dear Renuka,

Of course it makes you happy that husband's hard earned money be grabbed using these  laws. Feminists are instrumental in misusing laws to make a business in favor of unscrupolous women and extorting innocent husband's families. Can't expect a better reply from you.

Regards,

Saurabh.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     20 March 2016

If you can connect it with perjury or maintenance obtained by way of doing fraud on court or other lies & concealments etc then YES IT IS REFUNDABLE.

 

You need to pursue this & PRESS THE CHARGES thereafter to strengthen the point & get refund


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