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is maintenance paid considered in alimony


25-Jun-2026 (In Divorce Law)
I am paying x amount monthly as per 125 order and filing for divorce. Will the already paid amount be considered while deciding alimony?
Answers (1)

Answer #1
849 votes
Yes, the amount you are already paying under the Section 125 CrPC (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, where applicable) can be taken into consideration while deciding interim or permanent alimony in the divorce proceedings. However, it is not adjusted automatically. The court will assess your income, your spouse's financial needs, her independent income (if any), the standard of living during the marriage, and all maintenance already being paid to avoid duplication of benefits. Therefore, make sure you place the maintenance order and proof of all payments on record before the divorce court. This will help the court determine a fair and appropriate amount based on the facts of your case.
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