Claiming Maintainance Twice
Sujit J Pathak
(Querist) 23 March 2010
This query is : Resolved
All Esteemed experts, I am a young advocate practicising since last two years. I need a urgent advise in respect of a case. In a case against P.D.V.A.W (Domestic violence) wife is claiming maintainance, Family court has already granted maintainance to wife in divorce petition and my client (husband) is paying maintainance regularly. Is wife entitled to claim maintainance twice as family court has given her relief? Judgments & Citations will be really helpful.
Thanks and regards
Parveen Kr. Aggarwal
(Expert) 23 March 2010
Although wife may claim maintenance in two distinct proceedings but the husband is liable to pay the amount of maintenance in only one proceedings. The payment made, if any, in the other proceedings will be adjusted.
G. ARAVINTHAN
(Expert) 24 March 2010
Parveen is right. Husband can prove his case as if he already paying for maintenance and the court can record the same.
G. ARAVINTHAN
(Expert) 24 March 2010
Wife can claim maintenance from the husband in one mode or other under law. But husband is liable to pay through any one of the forms of law
adv. rajeev ( rajoo )
(Expert) 24 March 2010
No wife is not entitle to claim the maintenance twice, already she is getting maintenance from her husband regularly as per the order of the court. So take this defense in your objections also.
Sujit J Pathak
(Querist) 24 March 2010
Thanks a ton for extending your support, Any judgements and citations to eupport my case will be really helpful
