Interim maintenance u/s 125

Querist : Anonymous (Querist) 25 June 2011 This query is : Resolved
Sir(s),

Interim maintenance orders passed against me payable from time of filing litigation. I can pay continuously from now but cannot pay lump sum amt from date of filing, however, I can pay that also slowly. My question

1) Can Court make installments for payment of arrears i.e. from date of filing till date of orders as I really donot have lump sum amt for payment.

2) If I voluntarily paid every month some amount of money by cheque to my wife during pendancy of 125 petition, can I claim adjustment of it in the interim orders for the said period since I have been directed to pay maintenance to my wife , which I was already paying?

Thanks in advance

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prabhakar singh (Expert) 25 June 2011
Court Can make installments for payment of arrears provided u succeed in showing a just and reasonable cause.
in my view u should apply to Court to claim adjustments of amount of money paid by cheque voluntarily to wife provided it pertains
to the period for which the order is passed.

Guest (Expert) 25 June 2011
1. yes the court can fix the amount of installment and also the number of installments.
2. yes you can file an application for such adjustments if that has been paid by you during the pendency of the case