Naresh (In search of job) 18 January 2011

Is Interim maintenance already paid adjustable later?

Dear learned members,

Though I am jobless, family court has ordered me to pay interim maintenance @ 5000 pm. I have cleared all the past 1 year arrears taking loans from known people.

My questions are

(1) Will the court consider my joblessness in the main maintenance case trial and decide on the proofs submitted on record?

(2) Supposing less or no maintenance is awarded considering my current joblessness, will I have the chance to either adjust the already paid interim maintenance or recover the already paid maintenance, in case no maintenance is awarded? If so, what is the procedure to recover the amount?

Regards,

-Naresh

Reply Follow

3 Replies

Avnish Kaur (Consultant) 18 January 2011

already paid is not adjustable unless it was taken by fraud. u can go for revision and avoid / reduce future maintenance.

there are few citations where wife had to give a bank guarantee to get maintenance, but facts of ur case are very different.

Naresh (In search of job) 19 January 2011

Avinash Sir,

As interim maintenance order is not based on the full facts of the earning ability. In main maintenance case, the full facts of the earnings will be seen. In my case, during the main maintenance case, since the court has erred in awarding more money though I prayed joblessness and hence put the extra burden on me to pay the amount, now since the court has got the true picture of the earnings, will it not allow to adjust the already paid amount to future payments on some petition.

I heard in this same forum, some advocate saying that such a thing is possible, but wanted to know more details regarding it's possibility and procedure and citations, if available.

-Naresh