Sandeep Kumar Pandey 28 February 2018

multiple maintenance

sir,
I want to let u know that, my wife filed case 125 crpc and dv act, where both case interim order passed 2 months ago, 3000 in 125 crpc and 3500 in dv act,.
now I want to know wat should I do,
should I pay both or pay the highest or is there any relief please msg me..

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10 Replies

Vijay Raj Mahajan (Advocate) 28 February 2018

You have to pay only one amount for interim maintenance whichever if higher, the other one get adjusted by itself.

Adv Radhika Mehta (Advocate) 01 March 2018

Unless and until the order specifies that only one amount is to be paid, you will have to pay both. Why wasnt the first order pointed out at the time of the passing of the second order.

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Sandeep Kumar Pandey 01 March 2018

Should I file any application for that or it will be adjusted automatically. What should I do now?

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Jaspal singh (practicing lawyer) 02 March 2018

Kindly read the order passed by the Hon'ble Court in 125 CR.PC, in order itself must be cleared that interim maintenance passed by the court shuld be adjusted if interim relief may be granted in other proceeding.

Greater one you need to pay...3500 which was passed in D.v.

Regards

Jaspal S Maini(Adv)

9999987283

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Sandeep Kumar Pandey 02 March 2018

There's nothing written about ajusting in the order of 125 interim, or dv. What to do now?

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Sandeep Kumar Pandey 02 March 2018

Plz give me any solution . How can I get relief.. I can't afford it, My payment only 7000, Any option where I can pay only one of the order,. Give me a solution..

Sandeep Kumar Pandey 02 March 2018

Should I file an application regarding adjusting both orders of interim maintenance..? Will it work?

Jaspal singh (practicing lawyer) 03 March 2018

No person can be punished twice for the same , (Declared Unconstitutional),protection under Article 20 (2) move an application and bring the same fact before the court concern that in two diffrent court has passed the order respectively, move an application before the court .

Regards

Jaspal S Maini

9999987283

2 Like