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PRADEEP KUMAR (ALONE)     11 October 2014

Interim maintenance

 

The court has fixed Rs.2100/- interim maintenance under section 125(Family Court) in October 2012. Now the wife appealing in Domestic Violence court to increase the interim maintenance upto 7 or 8 thousand. My question is this if Domestic Violence court increase the interim maintenance than I have to pay it or the decision of Section 125 court is final. Please answer me I am worrying about this. plzzzz.



Learning

 4 Replies

prakash chandra jain (proprietor.)     11 October 2014

dear friend. both section 125cr.p.c. and d.v.act are different. maintenance can be claimed separately.it may also be granted separately. you should try to pray both courts that you shall not be able to bear with it. prakash chandra jain advocate indore.free legal aid to needy. contact on-09826779759.

Adv. Chandrasekhar (Advocate)     11 October 2014

First you file Sectin 125 cr.p.c. order in D.V. court.  If you have been paying that amount also file those proofs.  Further, in the reply file the averments that the amount need not be enhanced and taking your overall earning capacity and her needs that amount was fixed.  Once you bring these facts before DV court, that court has the following options: 1.  Dismiss her application 2.  Enhance the maintenance to some extent taking into consideration of all the facts, but not what she is praying for; (3) If amount is enhanced, the enhanced amount would be set off against the amount of S. 125 cr.p.c. order, means if it enhances upto Rs.3000/-, it subsumes the amount awarded in S.125, so you have to pay only Rs.3000/- not Rs.3000/ and additional Rs.2100/-.  This will be clearly spelt out in DV order. (4) Lastly the DV court order will be application according to the judge's direction: from the date of filing of DV petition or from the date of his order on maintenance, but not from the date of the order of S.125 Cr.P.C.  Concentrate on first 3 lines of my response without getting sweat.

great india (manager)     11 October 2014

Very aptly suggested. Also 125 crpc amt is orderd 2100 is good for you. Even if dv order is increased it might not go beyond 3 k approx. Also in crpc order a detailed order would be mentioned of which a certified copy along with affidavit of denial of her allegations in a WS of your dv say will help keeping amount close to 2100inr Giid luck

avinash (merchant navy )     13 October 2014

my wife is a doctor she is working for NGO and earning 15000 rupees. she is asking for interim maintenence 50000 rupees. on what grounds can this maintenance be rejected. no issue out of the said marriage. she has filed for divorce. marriage (cohabition) lasted 2 months but she has waited for 3 years and then filed for divorce and interim and permanant alimony. i was working before in the merchant navy but now i am having a shore job and earning 15000 rupees. indian christian divorce act is applicable. my knowledge is she can ask only 20 percent of my income, but which income.... high income before or low income now ? can a highly qualified person such as a doctor ask for interim maintenance if her husband was earning more before but earning the same now ? can interim maintenance be zero based on the fact that if she wishes she can earn a lot more than present earning. she is showing that she is working but most of the time she is idle. kindly advise on what grounds can interim maintenance be rejected. i do not have any of her papers with me and neither does she.

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