Legal Question in Family Law in India

Regarding Maintenance to be paid

Dear Sir,

Maximum maintenance of Rs. 500/- p.m was passed by JMFC on 06/12/00 in 125 Cr.P.C and there after considering the amount passed in Cr.P.C 125, an additional interim maintenance of Rs. 500/ p.m. was passed by Civil Judge (S.D.) in case filed u/s sec 18 of Hindu adoption & maintenance act on 20/01/03. Again on 13/09/07 in Cr.P.C 127, the maintenance amount got increased from Rs. 500/- to Rs. 1500/- with effect from 11/02/03 in which nothing is mentioned regarding the civil maintenance case filed under hindu adoption & maintenance act as well as the interim amount being paid by us in Hindu adoption & maintenance act. So what maintenance amount have I to Pay? Rs. 1500/- p.m. passed under Cr.P.C 127 plus interim maintenance amount of Rs. 500/- p.m. passed in Hindu adoption & maintenance act or only Rs. 1500/- p.m. passed in the latest order under Cr.P.C 127? Please advice. (The civil maintenance case under Hindu adoption & maintenance act has still not been disposed off)


Asked on 2/01/08, 11:31 pm

5 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Regarding Maintenance to be paid

whatever amount has been awarded is grossly insufficiient and can be increased by any higher court; therefore, instead of giving a chance to the other party to approach a higher court for enhancement, make payment of the awarded amount gracefully.

better you try for an amicable settlement.

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Answered on 2/04/08, 12:56 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Regarding Maintenance to be paid

Please contact personally alongwith the copy of the order as its needs to be examined.

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Answered on 2/03/08, 4:16 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Regarding Maintenance to be paid

I will have to peruse the copy of the order.Kindly contact personally if possible

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Answered on 2/02/08, 3:43 am
G. M. Gupta gmguptaandassociates

Re: Regarding Maintenance to be paid

all payments are adjusted generally in the proceedings. u should get the credit in civil proceedings. consult ur lawyer for more details

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Answered on 2/03/08, 12:51 pm

Re: Regarding Maintenance to be paid

Maintainance paid in proceeding u/s.125 or 127 cr.p.c. is liable to be adjusted in civil case.Move necessary application.consult your lawyer.

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Answered on 2/02/08, 11:16 am


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