Regarding maintenance 125 crpc
harshit
(Querist) 19 May 2016
This query is : Resolved
Dear sir,
I have a query regarding maintenance 125 crpc.
The fact is following:
A maintenance 125 crpc is decided rs. 7500/-PM for one child and wife, on 18.02.2009 as Ex-party in magistrate court.Thereafter, immediately, I filed the revision in District court. The revisional court had kharij/set aside the ex-party maintenance and decided the case on 03.04.2010 and awarded the maintenance Rs. 1000/- for child and 2000/- for wife(total 3000/-PM).The file has returned to magistrate court for next procceding.
Meanwhile i had to paid this amount Rs. 1,05,000/- one Lakh five thousand for 14 months( during this pending case in DJ court).
The case is still running/pending in family court/magistrate court. Because I had file a case U/S 340 crpc as a counter case, so it is pending so long.
Now the case is transferred to FTC court and to be decided for the final maintenance.
1. Now the question has raised that weather this amount Rs. 1,05,000/- one Lakh five thousand for 14 months( during this pending case in DJ court) which i have paid, should be adjusted during final decession/returen to me or not?.
2. second thing is that when the revisional court had set aside the case then this case should be succised and hence new maintenance of Rs. 3000/-Per month should be implemented from decision date i.e.03.04.2010 ? OR it should be from the date of old ex-party order i.e. 18.02.2009?
3.From which date I should pay the the maintenance of rs. 3000/-.
Kindly advice and suggest .
Isaac Gabriel
(Expert) 19 May 2016
7500/- was reduced as 3000/- at the appellate court, and it should be paid from the date of order by the trial court.
Prakash Ramchandani
(Expert) 20 May 2016
dear, reply of Gabriel ji is correct,
you have to maintenance till life long,for child n the mother and it will be increased also with in short time, because the maintanence shall be decided on the base of your standard and your next increase salary, till your wife get s remarried, but youy cannot save fromchild maintanence so you can consult a best lawyers or can call us through proper procedure through sight
Rajendra K Goyal
(Expert) 20 May 2016
If the orders does not specifically clarify the date, agree with the expert Isaac Gabriel.
T. Kalaiselvan, Advocate
(Expert) 23 May 2016
You must go through the order copy thoroughly by which you can get the issue clarified.
In anycase the amount already paid shall stand adjusted.
