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neel (self)     27 February 2011

Interim Maint Sec 24 HMA, crpc125:Monthly due date?

How arrears are calculated?

 

 

Let's say: Interim Order was passed on 12th day of the month.

 

 

Is the decree-holder entitled to ask for maint money as 'advance'  on each month and not as 'dues'?

 

 

My next Date is on 8th March. I have paid upto 11th-Feb.

 

 

Wife has started to remain absent from proceedings every alternate hearing and also started asking for long dates.

 

How to counter this?



Learning

 2 Replies

Tajobsindia (Senior Partner )     27 February 2011

1. Arrears are calculated from due date not pre nor post. In lots of Orders Judge specifically mentions on due date of payment like "maint. to be paid by 7th. of each calendar months OR maint. to be met by 1st. week of each calendar month....etc."


2.
Since her purpose to come to Court was on Maint. which is fulfilled so why she is expected to come on each dates. On next date no need to deposit maint. before Court. Judge asks then say 'produce" her and or her men and or agent in Court so that rest of the proceedings may proceed and her continuous absence shows she is not need of maint. otherwise she would have come running on each date to collect my heard earned money as maint. Let Judge take any adverse action. That becomes your cause to approach superior Court to speed up the case in time bound way direction to lower Court. 


3.
Other alternate is do not pay on each date of hearing, pay only when she comes to Court and matter before Court purpose is solved. It seems you filed for Divorce or RCR and she filed for maint. etc. OR the scene may be that she filed for S. 125 CrPC interim maint as well as final maint. and once interim is awarded she is cool about it and not allowing case to proceed further. Whatever the scenario among these two paras above are the only way to drill in a message to her.


All husbands shall "not be cows' hereinafter...............

1 Like

Jamai Of Law (propra)     27 February 2011

Interim Order was passed on 12th day of the month.

You paid upto 11th-Feb

your next date is 8th march.

 

 

 

You need to pay at the start of each maintenance month.

 

 

FOR EXAMPLE Maint for a month from 12-April  to 11-May   has to be paid by 12-April (i.e.in 'Advance')

 

You aren't paying salary or pension!! its unfortunately a maintenance.

 

Correct me If I am wrong!

 


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