Double maintenance

@ Author,



1. Civil Court adjudicated maintenance award is treated as final.


2. Award of maintenance under DV Act is not from a civil court hence a wife can also pray before other Court for maintenance as is given to be her right.


3. Ideally one is set off from another meaning thereby if IDE Court awards higher maintenance than DV Court then take its certified copy and appeal in DV Court to set-off awarded maintenance.


4. Has husband filed a Court Commissioners Report of his un-employment status? If not then Court generally takes view of husband being able – bodied and awards base level maintenance. This base level definition changes from person to person as per his perspective!


5. Discuss with your hired advocate options available to you now.


[Last reply]

There is no bar to pass an order granting interim maintenance in DV case too when there subsists a maintenance award in the civil divorce case.  You may take up a revision petition before higher court  against the DV maintenance award based on the unjustified quantum ordered considering your lesser income.  Consult your lawyer and proceed.