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Inteerim maintainence

(Querist) 19 December 2012 This query is : Resolved 
dear experts,
Husband filed divorce petition aganist his wife for not coming since 6and 1/2 years left from her husband to her parents house.many efferts made by husband did not yeild any thing she did not filed any petition before any court before that and hence he filed the petition.wife contesting the matter and filed a petition for inteerim maintainence.Again she filed MC for maintainence in the family court.Both courts awarded maintainence Rs.4000+3000 respectivly.Now the question is husband has to pay both courts amounts?advice in this regard.
ajay sethi (Expert) 19 December 2012
have you drawn attention of the court to the fact that already order of interim maintenance ahs been passed in fvaour of wife in family court ?
the courts generally consider whether any orders have been passed in DV , 125 CR pc case . as long as order is not set aside you have to comply with court orders
Raj Kumar Makkad (Expert) 19 December 2012
I do disagree with Ajay Sethi. The amount of maintenance which is best suitable to wife (in the given case Rs. 4,000/- per month) shall be awarded to the wife if the order for maintenance has been given in 2 cases in favour of wife for the same period.

The amount given in one case is adjustable for the same period in another case. There are a lot of judgments on this point.


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