shiv shiv shiv (unemployed) 02 October 2014

Double maintenance

Dear Sir

can a woman claim maintenance under IDE , when she is already enjoying free money in a DV case,since she has tasted blood under DV in terms of interim maint. she wants to squeeze the husband fully ,

pls advise, the husband is unemployed

thanks in advance

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2 Replies

Tajobsindia (Senior Partner ) 02 October 2014

@ Author,

1. Civil Court adjudicated maintenance award is treated as final.

2. Award of maintenance under DV Act is not from a civil court hence a wife can also pray before other Court for maintenance as is given to be her right.

3. Ideally one is set off from another meaning thereby if IDE Court awards higher maintenance than DV Court then take its certified copy and appeal in DV Court to set-off awarded maintenance.

4. Has husband filed a Court Commissioners Report of his un-employment status? If not then Court generally takes view of husband being able – bodied and awards base level maintenance. This base level definition changes from person to person as per his perspective!

5. Discuss with your hired advocate options available to you now.

[Last reply]

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T. Kalaiselvan, Advocate (Advocate) 06 October 2014

There is no bar to pass an order granting interim maintenance in DV case too when there subsists a maintenance award in the civil divorce case. You may take up a revision petition before higher court against the DV maintenance award based on the unjustified quantum ordered considering your lesser income. Consult your lawyer and proceed.