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Akash Mandal   21 January 2023

Dv and 125 maintenance setoff ?

namaste,
in my crpc 125 case on mutually agreed between me and my wife for 12000/- as maintenance (i had two son both where goimg to school).

after wards CJM grant 10000/- as interim maintenance under DV after 6 months.
My lawyer told that dont put objection in DV interim order on my request.
i paid 14 installments till both.
recently i got her job proof which she was hiding from the begining of case.
so can i put application to reduce the interim amount or setoff the amount?
after three days she have to submit Written statement 18(4) in DV case as intensionally delayed the WS for three dates .Also she came for One time settlement with 30lakhs+ amount with multiple conditions

kindly provide guidance me.
 



Learning

 5 Replies

Dr J C Vashista (Advocate)     21 January 2023

You have voluntarily accepted monthly payment of maintenance @ 12,000/- + 10,000/- to your wife and children, which may continue or make one time settlement. 

However, it is your mutual decision and not a legal problem.

If you find there is some concealment or change in circumstances request your lawyer to move appropriate application(s) before the Court for modification / alteration and or cancellation of order of maintenance.

Akash Mandal   21 January 2023

Thank you sir.

Only the part of CrPc 125 maintenance amount was mutually agreed.

but the interim amount ordered under DV act was given by respected CJM.

Recently I got the documentary proof of my wife job which was hiding from the initial stage of DV and 125 proceeding by wife.

So can I reduced the amount in the above ground?

Dr J C Vashista (Advocate)     22 January 2023

You may approach your lawyer to file an appeal u/s 19 of the PWDV Act, 2005 before District & Sessions Judge assailing the order passed by CJM in the case, incorporating the order of mutually agreed amount of Rs. 12,000/- being granted / paid by you.  

Akash Mandal   22 January 2023

Sir,

Is there any time limit for file appeal u/s 19 PWDV

Dr J C Vashista (Advocate)     22 January 2023

Of course there is limit for every thing in the world, including every law.

It would be better either to read provision of law or consult the lawyer engaged / paid by you. 

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