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execution order on maintenance arrears
11-Feb-2026 (In Divorce Law)
I transferred X amount to wife's account after she filed 125 CrPC. Also I deposited Y ammount in the daughter's sukanya acc after the case was filed. As per law should not X+Y be deducted from the arrears? If yes, then do I object in the same court?
Yes — amounts already paid after filing of a Section 125 CrPC maintenance case can legally be adjusted against arrears, but only if the court is satisfied that those payments were actually made towards maintenance and not for some unrelated purpose.
Courts have repeatedly held that maintenance is for support, not enrichment — so if the husband already paid amounts for wife/child support, the wife cannot claim the same amount again as arrears.
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Adv. Shubham Agarwal
Howrah | 50+ Answers
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