Legal Question in Criminal Law in India

Maintenance order under section 125
I got married under HMA.MY husband works in US on work permit.I was compelled to come back to india by my in laws and husband after torturing me.in india i filed for maintenance under sec 125.Court has pass order for interim maintenances.I again went back to UK when my in laws returned back to india with the the hope as my in laws were not there to influence my husband so i could try for reconciliation.

My father spent 1 lakh in one month for my travel and other expenses in US.MY Father is retired.

During my stay in US i resided at my husband's house who abandoned me leaving our apartment's key in our neighbor's house.

He has not started paying maintenance.Now his lawyer is saying that my husband has already paid me maintenance in the form of paying my rent in US,my electricity bill,telephone bill during my one month stay for reconciliation purpose.

Does all these comes under interim maintenance ?

Asked on 6/11/09, 6:27 am

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Maintenance order under section 125

You may use his or his lawyer's statement to your advantage. The amount paid by your husband in USA as one month's expense may be claimed here as the "monthly maintenance allowance". However, you may not claim any maintenance for the month you lived there and he incurred the expense.

Answered on 6/11/09, 11:18 am

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RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

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Re: Maintenance order under section 125

No, interim-maintenance is what he paid in the court or under the receipt from you. what ever expenses he done, are voluntary and can not be deducted/adjusted from your maintenance.

the statement of his lawyer is not tenable under the law and may be used by you for your advantage

Answered on 6/11/09, 11:46 am

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Shrichand Nahar S.V.Nahar, Advocate

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Re: Maintenance order under section 125

Consult your lawyer with all the details for proper assessment and considered opinion.

Answered on 6/12/09, 12:56 am

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KAMAL GROVER

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Re: Maintenance order under section 125

The expenses of one month will cover as maintenance. But you can also claim you other expenditure except house rent etc. and these all will also help you to get the same charges in India also. Where are you from in India plz explian.

We can help out you in this case.

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Answered on 6/12/09, 5:11 am