Clarification regarding interim and final maintenance paid
21-Jul-2023 (In Divorce Law)
while the case of final maintenance (filed by the petitioner wife) was proceeding Alipore criminal court ordered and interim payment of Rs.x and Rs.y to wife and child of a defendant (husband) u/s 125 of CPRC. When the final maintenance case was decided after hearing both parties, the court dismissed the final maintenance case stating that the case was not filed in the right jurisdiction and therefore invalid. MY QUESTION IS if the final maintenance case is dismissed due to jurisdiction, IS IT NOT THE CASE THAT the interim payment made during the 4 years is also invalid and the husband should get back the money paid because the order of interim payment is also invalid? Can the defendant husband pray the same court for refund of money?
In that case you will be guided only with the interim order. You can file a review petition on the Interim order, but may not be that fruitful as the Court had only ordered for an interim relief which is awarded till the final disposal of the suit. In the final judgement may the Court observe that there were Jurisdictional issues therefore final imposing of award is beyond scope.
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