Judgement_Day (Supervisor) 29 May 2012

Twice mantaineance?

My friend is going thru DV. Right now he is paying Rs.3,500/- P.M as interim maintaineance to his wife.

He is thinking to file a divorce before family court.

Does he has to pay maintaineance during divorce proceeding at family court? Means double maintaineance.

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2 Replies

Rajeev Kumar (Lawyer/Advocate) 29 May 2012

No double maintenance is not applicable in law. There are some good judgements of supreme court in this regard though u/s 24 of HMA the court may grant litigation cost fixed per month till the disposal of divorce case.

Saurabh..V (Law Consultant) 29 May 2012

@Author

Maintenance is for survivol of the victim and not for his/her luxury. If wife demands more maintenance, then she has to go to maintenance court for enhancing the proprotions but it cannot be ordered by another court seperately.

//peace

/Saurabh..V