Legal Question in Criminal Law in India

125 maintenance

I am Hindu girl got married under HMA.My husband works in USA on H1B visa.Due to torture by my in-laws and my husbands i came back to India and filed for maintence under 125.Again i went back to USA on feb-2009 with the hope as my inlwas returned back to India i will try for reconcilation with my husband as my in-laws were not there to influence him.After staying in USA in the month of february i came back to India as my husband was absconding.Today i had a hearing for 125 case order for interim maintenance has already been passed.He has not started paying me the maintenance yet.When the judge asked my husband's advocate to start giving me the maintenance amount.In return mY husband's lawyer said during my stay in Usa he has paid my rent,electric bill,medical insurance for the month of february 2009 so his advocate said that he has already given my the maintenance amount in the form of rent,electric bill,medical insurance for the month of february 2009 during my stay in USA.

Are rent,electric bill,medical insurance are the part of interim maintenance and will this amount be included as maintenance pay?


Asked on 3/19/09, 5:43 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: 125 maintenance

That depends on the order of court.

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Answered on 3/21/09, 2:24 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 125 maintenance

No, that cannot be included in the maintenance amount. Their admission about expenses incurred on residence maintained in USA may also be made a basis for determination of the maintenance amount as that may be an indicator of his income.

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Answered on 3/19/09, 7:28 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 125 maintenance

contact a local advocate.

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Answered on 3/19/09, 10:47 am


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