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Siddhartha Bhattacharya (Owner)     05 April 2013

Effective date of interim maintenance.

Husband is regularly paying interim maintenance to the wife by the order of the Learned Magistrate. Wife subsequently approached the Court for enhancement of interim maintenance. What would be the effective date of enhanced interim maintenance?



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 6 Replies

Tajobsindia (Senior Partner )     05 April 2013

1. It is seen, mostly from date of Order made on such Application.

Chetan Joshi (Advisory/Advocacy)     05 April 2013

The date of order on such application..

 

Regards

Chetan(dot)7679(at)gmail(dot)com


(Guest)

You have to pay arrears from the date of original application before magistrate if the High Court enhances the amount.

eg.If application filed before magistrate in July 2012,magistrate awards in December 2012.HighCourt awards increase in March 2013,you have to pay arrears from July 2012 to March 2013  if the High Court increases the maintenance

Siddhartha Bhattacharya (Owner)     05 April 2013

Do you mean the date of passing of order u/s 127 Cr.pc. by the Court below?

Siddhartha Bhattacharya (Owner)     05 April 2013

The District Judge upheld the order of increase passed by the Magistrate. Husband prefers Criminal Revision before the High Court. If High Court confirms the increase, what should be the effective date for payment of enhanced interim maintenance? Any reported judgement i support of your opinion?

Chetan Joshi (Advisory/Advocacy)     05 April 2013

It should be from the day when the magistrate's order was passed.

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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