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Maintainence amount clarification


25-May-2026 (In Divorce Law)
My brother was directed to pay Rs 7000 per month to his working wife towards the child by Delhi High Court under sec 24. Later family court directed him to pay Rs 5000 per month under sec 125 crpc.. Now my wife went to supreme court and the SC modified the high court's section 24 order from Rs 7000 per month to Rs 10000 per month..So how much do I have to pay her every month.
Answers (5)

Answer #1
557 votes
it's depend on your monthly income and in detail you consult with a experience Lawyer with your file, income affidavit and petition and written statement and both party income affidavit and bank statements
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Advocate Arun Chaudhary

Adv. Arun Chaudhary

LawRato Delhi | 25+ Answers
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Answer #2
830 votes
If the Supreme Court was informed that Rs. 5,000/- per month was already being paid under Section 125 CrPC, then ordinarily only the enhanced amount of Rs. 10,000/- may be payable and not both amounts cumulatively. However, this depends upon the exact wording of the Supreme Court order. If the Supreme Court was not informed about the earlier maintenance order, you may seek clarification/adjustment before the concerned court to avoid double payment. Secondly, you can also inform the Family Court about the subsequent Supreme Court order and seek modification of the maintenance order under Section 125 CrPC, which is a comparatively easier remedy and can be pursued even before the next date of hearing.
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Advocate Nishtha Agarwal

Adv. Nishtha Agarwal

LawRatoDelhi | 25+ Answers
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Answer #3
647 votes
The HC order was for interim maintenance valid until the final amount decided. The SC has decided the final maintenance so you need to pay 10 k. In all cases SC judgment would prevail over the lower courts.
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Advocate Kashu Shubhamoorty

Adv. Kashu Shubhamoorty

LawRatoDelhi | 25+ Answers
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Answer #4
907 votes
1you will pay every month Ara 10000/- ten thousands rupees only .. you have also filed Supreme Court order in 125 crpc case.. you have to submitted before trial court the same fact.. first you file application with order in 125 crpc case As per law high amount will be consider
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Advocate Roshni Sundriyal

Adv. Roshni Sundriyal

LawRatoDelhi | 25+ Answers
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Answer #5
934 votes
The liability depends on the exact wording of the Supreme Court order. If the SC enhanced the Section 24 HMA maintenance to Rs 10,000 and did not grant adjustment/set-off of the Section 125 Crpc amount, both orders may operate separately. However, courts generally avoid double benefit and may allow adjustment. Kindly obtain the SC order for proper interpretation.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoDelhi | 50+ Answers
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