Brahmam (Office boy) 23 March 2010

Interim Maintenance

I got Married in Feb' 06. I have filed divorce petition (OP) in Feb' 08.I have no children. In April' 08 respondant (my ex wife) filed interim maintenance in OP case. interim maintenance order in June' 08. Meanwhile she has filed Final Maintenance in April' 08 in MC case. The final maintenance in MC case ordered in Dec'08. i had paid interim maintenance every month till August' 09 (OP case ordered in August' 09).

Now my ex wife filed MP and asking for final maintenance from April'08 (from the date of application) as per order. But when I have paid interim maintenance in OP case and again they are asking final maintenance for the same period which I had paid Interim maintenance.

Please clarify does interim maintenance in OP case and final maintenance in MC will be imposed in the same period or the interim amount, which I had paid will be deducted from the final maintenance.

please help me in this regard. expecting your kind adivce.

regards

Brahmam

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3 Replies

Parth Chandra (none) 24 March 2010

Hi Harsh,

1) Only income-tax return would be considered?

2) Is the liabilities of proof is on wife or court can order husband to produce the proof's like salary slip and IT returns.

3) What about the debts that husband might be paying and health related expenses?

Brahmam (Office boy) 24 March 2010

Hi Mr. Harsh, my doubt is whether interim maintenance and final maintenance will be imposed for the same period. (already i had paid interim maintenance for the priod June' 08 to August 09). but now they are asking in the MP that i have to pay final maintenance for same period which i had paid interim maintenance. actually interim maintenance ordered in OP(divorce case). whether this interim maintenance will be deducted from final maintenance or not.

pl clarify my doubt and help me. i humbly request you what is the procedure for interim maintenance in OP and final Maintenance in MC case.