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Hamza sk   28 May 2023

Maintenance amount to be calculated from what date.

The court order is that " Respondent shall pay the interim maintenance per month to the applicant from the date of the application ".

The wife filled the DV case on 2nd Jan and first date of appearance was 10th Jan.

So the maintenance I have to pay from 2nd Jan i.e first maintenance will be on 2nd Jan and second maintenance on 2nd Feb.

Or first maintenance will be on 2nd Feb that is 1 month after the wife application.

 

Reply highly appreciated.



Learning

 5 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     28 May 2023

It will be calculated from the date when application was filed i.e., 02nd Jan.

Consult your lawyer for further advise/ guidance

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     28 May 2023

I agree with the advice of the prudent expert.

Hamza sk   28 May 2023

Thanks for your reply.

Still I am confused. Because if I have to pay from 2nd Jan. Then 2nd Jan will be first maintenance and 2nd Feb will be second maintenance and 2nd March will be third maintenance. Here I am paying maintenance 3 times till march.

But if I calculate monthly that is 2nd Jan to 1st Feb is one month so first maintenance and 2nd Feb to 1st March will be second maintenance. But in this scenario I am paying maintenance 2 times till march.

Dr. J C Vashista (Advocate and Legal Consultant)     29 May 2023

First payment becomes due on 2nd Feb and so on.

1 Like

Real Soul.... (LEGAL)     29 May 2023

You will pay maintenance from 2nd Jan and it will continue as 2nd of each month. 


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