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rajesh   09 October 2016

Maintenance awarded in two section to be offset

Ld. Lawyers,

 

I am fighting a divorce case against my wife.

 

She has been awarded Rs. 4000 p.m. under section 24 HMA.

 

Later she filed a DV case and she has been awarded Rs. 2000 p.m. under section 20 of the DV act.

 

May I know please which of the two amounts shall prevail over other?

 

What does it mean that the maintenance awarded under two sections be offset each other?

 

Kindly clarify me.

 

raj

 

 

 

 

 



Learning

 3 Replies

Sachin (N.A)     09 October 2016

You should pay maintenance amout of Rs 2000 as ordered during the case of DV Act


(Guest)
Both on ratio basis.

Ms.Usha Kapoor (CEO)     10 October 2016

THE COURT WILL OFFSET THE MAINTENANCE AWARDED U/S 24 OF HMA AND MAINTENANCE AWARDED U/S 20 DV ACT AND ACCORDING TO ITS DISCRETION AND THE INCOME OF YOUR WIFE AND  YOU WOULD  FIX INTERIM MAINTENANCE BY OFFSETTING OR Balancing  these two sections of 24 HMA and 20 DV Act. In short your wife would get  a reasonable amount of interim maintenance after taking All facts andcircumstances into consideration.   Offsetting means if she gets Rs. 2000 in DV Act and Rs.4000 in 24 HMA only 2000 ypour wife would get as interim maintennace. It all depends on courts discretion and facts and circumstances of the cae.. the court  will offset 2000 from HMA and2000 from DV act and pay  AND ADJUST ONE SINGLE AMOUNT SAY COURT WOULD PAY rS.2000 ONLY TOWARDS 24INTERIM MAINTENNACE.oR IT WOULD Confine TO RS.4000 UNDER SECTion 24 HMA.If you appreciate this answer please click the thank you button on my profile. or forum.


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