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R. K. Singh (Business)     09 July 2018

Refund of interim maintenance when final maintenance is nil

Dear Experts,

 

As per my understanding, interim order is subject to final order and that final order replaces the interim order from the date when the interim order came into effect.

 

Can this be applied to maintenance proceedings in a matrimonial dispute? For example, Court grants interim maintenance of Rs. 10,000 per month to wife in Domestic Violence Act. However at the time of final order the Court finds that domestic violence was not committed and the case is false and thus wife was not entitled to maintenance. Same would apply to HMA proceedings. When the wife knows that the case is false she should not be consuming interim maintenance amount.

 

Whether in this case the interim maintenance paid by husband will be required to be refunded by wife? Whether an explicit order is required stating that if the final maintenance is lower or is nil then the wife will refund the excess.

 

Thanks & Regards



 13 Replies

Dr J C Vashista (Lawyer)     09 July 2018

There is no provision to refund the amount already paid as interim maintenance of wife and children even if the case is dismissed.

Consult your lawyer who is well aware about the facts of the case and guidance.

R. K. Singh (Business)     02 August 2018

"………………..a person who enjoyed the benefit of an interim order, is liable to compensate the other party, when the main case is decided against him." Hon'ble Madras High Court in S.Ramesh vs MS.Cethar Ltd. [ Writ Appeal (MD) No.1122 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 ]

Would it be correct to say that dismissal of the main petition means that the plantiff had at interim stage hidden the facts and lied in the affidavit. And thus the interim order was obtained by playing fraud on Court and /or by misrepresentation? When the wife knows that her claim is false she should not be consuming interim maintenance amount. Can any advantage or order or decree obtained by misrepresentation before Court, be allowed to perpetuate? In such a situation Iwhether specific provision is required for refunding the interim relief obtained?


(Guest)

You are sticking the above case law which is Labour oriented to a matrimonial dispute. This will not hold good on the following grounds:

1. The parties and the circumstnaces are different.

2. The citation is of Labour case where as your case is quasi criminal in nature.

 

You can file a applicaition asking the amount back. The application will be accepted by the magistrate too, but eventually it will be dismissed as law favours the woman.  If the amount paid by you it too high, you can simply avoid giving alimony if divorce is granted.  Even if divorce case is going on, or is about to be filed, if wife asks alimony you can say you have paid it in DV case and cite the same citation in family court.  Everything depends upon discretion of judge.  I dont have any trust left in the judges as most of them copy in exams and would have passed, wont read any petition themselves and depend solely on typist, most cases are discussed with typist and attenders who pour in their opinion which will influence the jduges final orders.

You have no where stated whether you have filed divorce or not.

If DV is not proved better to file perjury case, she will go to jail for filing false case on you.

Try the perjury option instead of fighting to get back money in which age will be lost.  Its not so that in perjury case age wont be lost, there you have certainity of seeing wife behind bars.

1 Like

(Guest)

You can claim back the interim alimony that you paid? No.  It is for the lenght of period the case runs and its not permanent alimony or maintenance.  Under what sectoin you paid money under DV act? That you have not told anywhere.  If you paid it as rent, then the money is gone. If you paid it as food expenses, that money is gone.  It wont come back.

They have formulated money payment from husband to wife under DV act only on above two terms.  Food and shelter.  When there is dispute between you two, ultimately its the duty of husband to pay for wife even if there is dispute among you two.  Indian Law gives free hand to judges to order maintenance for wives.  Husband is bound to pay even if he has not done anything.  Consider you had paid s*x for some time... the worth of your refund you want to claim,,

R. K. Singh (Business)     02 August 2018

Sir thanks for your truthful and realistic insight into the overall system. Your suggestion is regaridng Perjury is also accepted with thanks.

My question is regarding Domestic Violence Act - Interim Maintenance.

The interim maintenance under this Act is more tricky because maintenance and scope of maintenance is not defined. What is the difference of scope of maintenance under DV act because it says that maintenance is in addition to maintenance granted under other laws. Whether the concept of "unable to maintain" apply in DV Act also? Any ruling of SC or HC is available on this issue? 

When you say that maintenance under DV Act is only for food and shelter... I am kind of happily surprised. But Courts do not take this view. This view of food and shelter is from any judgement?

Thanks


(Guest)
Originally posted by : R. K. Gupta
Sir thanks for your truthful and realistic insight into the overall system. Your suggestion is regaridng Perjury is also accepted with thanks.

My question is regarding Domestic Violence Act - Interim Maintenance.

The interim maintenance under this Act is more tricky because maintenance and scope of maintenance is not defined. What is the difference of scope of maintenance under DV act because it says that maintenance is in addition to maintenance granted under other laws. Whether the concept of "unable to maintain" apply in DV Act also? Any ruling of SC or HC is available on this issue? 

When you say that maintenance under DV Act is only for food and shelter... I am kind of happily surprised. But Courts do not take this view. This view of food and shelter is from any judgement?

Thanks

First question you need to ask is WOULD YOU HAVE PAID BACK? That will given answer to many other questoins arising.

Maintnenance is given only that wife can maintain herself with minimal needs like food clothing shelter when husband files divorce case or even if wife files divorce case or any other case.  There is no need of judgement for this.  These are mentioned in varoius law books. You can google them.

Maintenance is not given so that it will be spent on movie tickets.  Its for minimum needs that husband should provide his wife during subsistence of marriage.  Once divorce is granted again wife has to ask alimony if she is incapable of earning money.

In your case, how you let magistrate order interim? That you ask yourself or your advocate.  Even if magistrate ordered interim, why did you pay?  Do you have any answer for that? 

You are lucky that magistrate dismissed her DV case. You are expecting too much.

You want judgements? You ask your advocate.  Or search yourself.  I replied due to academic interest and nothing more than that.

My opinion is you cant get back what you paid to your wife.  You try to get rid of wife by mutual divorce.  No use fighting matrimonial dispute in Indian COurts.  Nobody wins, all lose eventually, many pay with their lives. BEWARE.  Find life else where soon. Dont run behind courts, Indian Courts can never give justice in matrimonial disputes.

1 Like

R. K. Singh (Business)     02 August 2018

Sir, I am taking your advice very seriously and sincerely. Thank you for that. In my last post I am not looking for judgement on the issue of refund of maintenance. I am looking for judgement on the issue of scope of "interim" maintenance in DV and limitations to that like food, shelter etc.  

R. K. Singh (Business)     03 August 2018

Originally posted by : Adv Kamakshi (Nellore)
Agree with Shri Ramoji advocates advice.

I would like to add that there is no use pursuing this matter in court, you appear to be on self destructive mode.  People want to lead peaceful life, you want to invite more cases? You need psychiatric treatment. Just follow advice of Shri Ramoji.

Madam your conclusion that I need psychiatric treatment is totally uncalled for and is offensive. I see that earlier also you wrote an unwarrented comment on my post. Please delete your comment and request you not to reply to my posts in future. Thanks


(Guest)

Move on before its too late.  I agree with Ms Kamakshi gaarus advice. You may follow that advice.

1 Like

R. K. Singh (Business)     04 August 2018

I know many cases where husband is willing and requesting for mutual consent divorce and even ready to pay to settle merely to get out of false cases and to be able to live little peacefully. But women are not ready. In court they take a sati savitri stand that they want to stay with same husband but they still pursure all the criminal and civil cases. Law is such and the system is such .... as you have observed .... in such a situation what should a man do? Defend himself? Defend the truth? or surrender before woman to take away whatever little is left with him? And a contested divorce in court may take decades to finally reach finality.

R. K. Singh (Business)     04 August 2018

I know many cases where husband is willing and requesting for mutual consent divorce and even ready to pay to settle merely to get out of false cases and to be able to live little peacefully. But women are not ready. In court they take a sati savitri stand that they want to stay with same husband but they still pursure all the criminal and civil cases. They do not want to live with him and want to stay with parents. If there is kid that she would have kidnapped already. She would also join a job while staying with her parents. But men would be doing job in some place away from their parents' home. She would still claim maintenance and make husband run in different courts and police station. Litigation is started by women. False 498A, false Domestic Violence., false medical reports ... multiple maintenance cases HMA, DV, CrPC 125 and subsequently 127. Going by your advice ...when a case like 498A or Domestic Violence is filed; whether it is true or false, divorce should be granted by Courts.. but no.. !! A contested divorce in court may take decades to finally reach finality. No man wants to prolong the litigation.  Litigation is forced on men. What is the advice of learned advocates for should such men ... committ suicide? like many have already done. Thats not acceptable. They must not!! All women NGO , Police, Govt. Organisations ....teach women to file cases. Who is bothered about saving the family system or saving the peace in society? What should such men trapped in judicial maze do?

R. K. Singh (Business)     04 August 2018

Originally posted by : Adv Kamakshi (Nellore)
Have two pegs less.  Eventually you will succeed to quit drinking. Once you quit drinking, smoking, plus other similar habits, when you become totally sober as if are just born. Then ask remember that person who suggested you to marry.  Take one old hawai chappal and start hitting him or her on his or her face till such time that the face becomes redd. All answers to your above question you will get then and there.

Marriage is about handling the other person. It appears that you have been incapable of handling your wife. Hence you are here.  How to handle wife, you can ask your father, if they are still married and staying with each other.  He is the best person to give advice to you.

Every time I ask a question you start giving sermon on a new issue. Your views are very narrow in approach. "Handling the other person", "being incapable of handling other person", "beating the person with chappal". If that be so no person should remarry because he is incapable of "handling" the other person and he can never be successful. Your suggestions have been very overly pessimistic. I have seen and met many persons who claim that they "know it all" pand are big failures in their own lives. You look like one of them.  

This is a legal forum, please limit your advice to legal provisions and legal options. My query is regarding issue of maintenance. Please limit yourself to that.

Sandeep Pamarati (Law Student)     04 April 2021

Any case laws wherein the wife actually went behind bars for perjury? Been looking for such judgements for long time...


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