Court order of maintance under section dv 2005

Akhalaque Ahmed (Querist) 02 September 2013 This query is : Resolved
Dear All,

under section 125 family court already passed interim maintenance to my wife Rs 2000 per month from the date of application.it is possible for the court to pass another order of interim maintance Rs 4000 per month from date of application in dv act 2005 without our arugment is finished..... i am in great dilema please provide me legal solution for above matter. both cases are running in different court.

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ajay sethi (Expert) 02 September 2013
court will consider order passed for maintenance under section 125 CR pC . draw attention of court to said order

Akhalaque Ahmed (Querist) 02 September 2013
can court set aside their order under section dv 2oo5..

ajay sethi (Expert) 02 September 2013
DV court cannot set aside order of maintenance passed under 125 Cr Pc .

Guest (Expert) 02 September 2013
Agree with Shri Ajay Sethi with minor difference. Although court won't set aside its order for maintenance, but can modify to enhance maintenance, if your wife is able to justify her stand for enhancement. Any interim order is not a final order.

But you have not made clear what is the cause of your apprehension that the court may pass another interim order of maintenance for Rs.4,000?

Akhalaque Ahmed (Querist) 02 September 2013
Dingra Sir,

my wife fill a maintance case under section 125 in family court. family court already passed an order for paying Rs 2000 u/s 125. as interim maintance.

she also file another case of dv act 2005 in district court. inwhich she is looking for maintance agian.there advocates already argued the matter in dv. now its our turn to argue the matter in court but before we argued the court has passed an order of maintenance @dv act Rs 4000/ per month as interim maintenance.

my query is ---

can court passed an order before our arugument take place. and fix me a guilty
side ?

dear all please give me ur advice now i can go with this.

Thanks
Akhalaque

Guest (Expert) 03 September 2013
Any interim order can be made by the judge of the case, as based on the facts. However, I wonder, if your advocate did not resist by bringing the fact of already existing interim order about maintenance.

Since due to certain wanting facts about your reply to dv case, the picture about your case is not very clear. You may better contact some local expert along with your paper for his analysis and further guidance about setting aside the previous order or revision of the new order. Otherwise you may have to comply with both the orders simultaneously.

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