Venki 16 October 2017

Interim was not considered for maintenance

I am male and I applied for divorse in the family court. After six months of time period, I started paying 13K per month as interim as per the court order.

Meanwhilw, my wife filed MC in other court during same month, and I haven't received any communication from court as they mentioned my old office address (they are not aware of new address). Since, I have not attended the MC case, court had passed ex parte notice and suggested me to pay 15K per month including last 12 months. Since, it is come to my notice (after exparte, I received one copy to new address!), my layers reopened the MC case.

I received many dates... in this new MC case. Meanwhile, I never stopped 13K as interim. 6 months before divorce case got dismissed. Then onwards, I started paying 15K instead of 13K. This is the story of 5 years, I paid around 8 lacks all these years.

13K * 53 Months

15K * 8 Months.

Today, in the final hearing of the MC case, judge suggsted to pay 15K * 53 Months without considering 13K I paid as interim. He said, that is based on different court order and different case. My lawyer requested to consider 13K amount that I paid and mentioned that I am willing to pay 2K * 53 months as excess amount. But, it was not taken into consideration.

What should I do know. Will I get any support if I go to high court on this? How should I proceed? Please suggest.

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8 Replies

Vijay Raj Mahajan (Advocate) 16 October 2017

Go to higher court in appeal against stupid order of the trail court ignoring the amount you already paid to her as maintenance for 53 weeks on the basis of order of a higher court/district family court and MC is being decided by a magistrate court/subordinate court. Only one maintenance can be allowed to the wife whichever is higher that you are ready to pay, ie 2�53 months extra to what you already paid ie 13x53. If the magistrate is unable to apply his mind to this principle than that is gross mistake on his part.

Vijay Raj Mahajan (Advocate) 16 October 2017

Go to higher court in appeal against stupid order of the trail court ignoring the amount you already paid to her as maintenance for 53 weeks on the basis of order of a higher court/district family court and MC is being decided by a magistrate court/subordinate court. Only one maintenance can be allowed to the wife whichever is higher that you are ready to pay, ie 2 x 53 months extra to what you already paid ie 13 x 53. If the magistrate is unable to apply his mind to this principle than that is gross mistake on his part.

manoj 16 October 2017

I hope in your issue the trail court travelled extra steps for applying the Judicial mind. you can approach the appellate court for that wrong order.

manoj

advocate

8686159292

B.N.Raja Mohamed (ADVOCATE) 16 October 2017

Mr.Mahajan is correct.

Siddharth Srivastava (Advocate) 16 October 2017

Even if you approach high court, the high court will direct you clear the arrears. So no purpose would be served in approaching the high court. If you are unable to pay then you may ask to pay in installment.

Master Warrior (AOR) 17 October 2017

As Mr Mahajan said, appeal it to the high court, as this is just doubling of the order.

The order should have either been effective day of order, OR retroactive with credit for what was paid in the interim.

This order will be modified without a doubt.

Not sure about Sidharth's reaasoning thata you should ask to pay the new order in installments, when in fact you've paid the majority of the amount and the order itself is defective since out of the nearly 8 lakh rupees (53 x 13) you have already paid nearly 7 lakh of it but have received zero credit.

Have an appeal filed ASAP.

(Guest)

Originally posted by : Vijay Raj Mahajan
	Go to higher court in appeal against stupid order of the trail court ignoring the amount you already paid to her as maintenance for 53 weeks on the basis of order of a higher court/district family court and MC is being decided by a magistrate court/subordinate court. Only one maintenance can be allowed to the wife whichever is higher that you are ready to pay, ie 2 x 53 months extra to what you already paid ie 13 x 53. If the magistrate is unable to apply his mind to this principle than that is gross mistake on his part.

Gross mistake, that mistake this mistake uh?

Why dont you give your regular advice of going for 1 time settlement?

Article 226 of the Constitution of India given powers to judges which makes them more powerful than Gods. They can scratch anything they want irrespective of what laws say or common sense says, on a piece of paper and make men and women run pillar to post entire life.

Marriage is personal choice, divorce also should be personal choice. The law is prejudiced with regard to marriage. What role courts have been given to meddle with peoples lives has directly been cause of many men and women destroying lives in court halls.

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Venki 02 November 2017

Thank you all for your advice. Very helpful. Siddharth Srivasthav - Did you understand my query?