krishnaveni (housewife) 10 February 2014

Mc

Hello,

I got married in 2004 and separated in 2005 at the time of pregnant. Son is staying with me since his birth. I filled a MC case in lower court and given some interim maintenance (rs.1000 for me & 750/- for my son)and after the final judgement court order to my son of rs.3000/-p.m. iam educated but not working eventhough court has dismissed me and filled the same in high court still it is pending right now.

my query is that is the interim maintenance will be deducted while calculating the main mc case amount .if deducted is my sons amt or both of the amount will be deducted. i filled divorce but is rejected again shall i submit it in the same court and i will get the divorce or not(we separated since 2005 to since now) and also tell me about my son where he is to stay with me or with respondent.

Please rectify my query.

Regards,

veni.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 10 February 2014

If you want the custody of your child with you and if your spouse has not filed a petition seeking custody and the same has been challenged or not, the child since it is remaining with you, will be with you for the present until the court decides about it on the basis of his petition. Now since your have been paid with the inteim maintenance and also your child had been paid with, but in case your appeal with the high court is allowed and you have been given a judgement favoring you, then it depends on the judgment about the quantum and the effective date. If it has been ordered from the date o petition before the lower court, then it will be accordingly and the amount which was already paid will be deducted from the arrears amount calculated

krishnaveni (housewife) 13 February 2014

Thank you somuch sir for your response but the thing is that in highcourt still judgment has not came as it is submitted in 2011 but still my both cases i.e. mc & op case is pending. Actually how much time it takes to complete both the cases. As my husband is not taking the papers and the case is showingstatus in website of ap highcourt is admission.

Please provide me what actions or procedures we can take in this cases.And also sir you said if judgment come in my favour then depends on judgment but now my case is still pending so how it will be about interim maintenace shall i deduct my amount or not.

Regards,

veni.