Rajesh (SE) 12 December 2012

Question regarding maintanace 125 order

i have an question.

my interim maintance was fixed 5000 pm. 2000 for my child and 3000 for wife.

That was paying from 1.5 year

Now court decide 7000 pm only for child .and the wife petition is dismised by court.

now i have to pay 7000 from date of application .

i have adjust maintance amount that i already pay to wife.

but the opossite party says that the wife amount could not be adjust you have to pay all amount to child.

even judge is also in confusion whats going on.

is there any law that the wife petition was dismised and that amount is adjust.

Hope you understand that query.

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2 Replies

Goutam Prasad (Advocate) 12 December 2012

For answering your question, study of the order of court is required.

While ordering for final maintence court could have decided on the issue of fate of interiem maintenance already given. If court has not done same, you should move application for clarification on the fate of that.

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Saurabh..V (Law Consultant) 12 December 2012

@Rajesh

This is very interesting question of law. In my considered view, the interim maintenance ordered pendente-lite, is ordered seeing present condition of the wife for her sustainance. But that does not entitle her for permanent maintenance. Now, interestingly in your case, the Hon'ble Judge has rejected the final maintenance. Hence, you are now free from maintaining her. But this does not entitle you to recover that maintenance amount which was paid pendente-lite.

Also, you have been ordered Rs.7000/- for maintenance of child. This increase must have been ordered seeing your capacity to pay and the need of the child. I think the order must have been well reasoned and does not collide with any infirmity. You are liable to pay that.

However only a senior advocate can advice on the recovery of amount from your wife to adjust. But in my view that is not to be adjusted.

//peace

/Saurabh..V