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Chinese Chef (Integration Architect)     02 March 2017

What does *Date of Application* exactly refer to?

Dear experts & listers,

            

Seeking your help for an important clarification. This might be an academic query but I want to be 100% sure.

           
Query: - When a court orders "interim" maintenance from the date of application - what date does it refer to? 
         
  • The day when the (main) case was filed?
-- OR -- 
  • The day application for interim maintenance was filed?
    
For eg. - the case was filed in Jan 2014 by the petitioner. Respondent appeared in June 2015. Petitioner filed application for interim maintenance in October 2015 and court ordered interim maintenance to be paid from the date of application.
     
From what date maintenance needs to be paid? Jan 2014 or October 2015?
   
Kindly clarify.
      
Many thanks!
 


Learning

 6 Replies


(Guest)

You need to pay alimony from date of application of alimony.  Nicche likkha hoga date, petition paper per, wo date se dena padega alimony.  You have to look at the bottom of the page.  Not here.

Sachin (N.A)     02 March 2017

Originally posted by : Chinese Chef
Dear experts & listers,

            

Seeking your help for an important clarification. This might be an academic query but I want to be 100% sure.

           

Query: - When a court orders "interim" maintenance from the date of application - what date does it refer to? 

         


The day when the (main) case was filed?


-- OR -- 


The day application for interim maintenance was filed?


    

For eg. - the case was filed in Jan 2014 by the petitioner. Respondent appeared in June 2015. Petitioner filed application for interim maintenance in October 2015 and court ordered interim maintenance to be paid from the date of application.

     

From what date maintenance needs to be paid? Jan 2014 or October 2015?

   

Kindly clarify.

      

Many thanks!

 

 

You need to pay the interim maintenance from the date of application i.e. October 2015 

Sachin (N.A)     02 March 2017

You are facing  divorce case or RCR?

Chinese Chef (Integration Architect)     02 March 2017

What she wants is unknown! Her expectations are varied and contradictory. She seeks protection order in DV and then files a RCR to cohabit with me.

   

She is already getting maintenance in CrPC 125. DV was filed on me 5 years back but summons were served two months ago.

       

As of now, my predicament is: - if she files an application for interim maintenance and is awarded by the court, from which date will it become applicable? If she files now and gets it from date of application, I would not care. But if she gets it from date of main petition, I'm in a tight spot.

     

 

Sachin (N.A)     02 March 2017

Originally posted by : Chinese Chef
What she wants is unknown! Her expectations are varied and contradictory. She seeks protection order in DV and then files a RCR to cohabit with me.

   

She is already getting maintenance in CrPC 125. DV was filed on me 5 years back but summons were served two months ago.

       

As of now, my predicament is: - if she files an application for interim maintenance and is awarded by the court, from which date will it become applicable? If she files now and gets it from date of application, I would not care. But if she gets it from date of main petition, I'm in a tight spot.

     

 
 

When you are already paying her the maintenace, she cannot seek maintenance in other section and if she seek so and court allow that application then previous maintaince order will not be effective and new order of maintenance will be applicable from date of order.

Chinese Chef (Integration Architect)     02 March 2017

Originally posted by : Sachin



Originally posted by : Chinese Chef



What she wants is unknown! Her expectations are varied and contradictory. She seeks protection order in DV and then files a RCR to cohabit with me.

   

She is already getting maintenance in CrPC 125. DV was filed on me 5 years back but summons were served two months ago.

       

As of now, my predicament is: - if she files an application for interim maintenance and is awarded by the court, from which date will it become applicable? If she files now and gets it from date of application, I would not care. But if she gets it from date of main petition, I'm in a tight spot.

     

 
 




When you are already paying her the maintenace, she cannot seek maintenance in other section and if she seek so and court allow that application then previous maintaince order will not be effective and new order of maintenance will be applicable from date of order.

Thanks Sachin.

I've already informed the court in written that she has been granted maintenance in CrPC 125. Despite of so many judgments on multiple maintenance, I still don't trust the Indian judiciary and its idiosyncrasies. She hasn't filed an application for interim maintenance yet but will do it anytime she wakes up from her slumber.


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