Maintenance awarded in Anticipatory bail order and 125 Crpc

649 votes

It seems you have not disclosed before the Hon'ble Patna High Court that the Opposite Party has already brought a case of maintenance u/s 125 Cr. P. C. and there the competent court has already directed you to pay the interim maintenance of Rs. 8000/- per month to the Opposite Party. See, the maintenance amount decided by the Hon'ble Patna High Court cannot be considered here a part of the maintenance u/s 125 Cr. P. C. because the court without getting the knowledge of previous interim maintenance order, has passed a new order and in this situation you will have to pay both the maintenance amount (8000+5000=13000)to the Opposite Party, if you will not pay that, it will be contempt to court. I'll suggest you to file a modification of the bail order before the Hon'ble Patna High Court. If the bail order was passed recently then your Advocate may raise this issue by merely filing a mention slip and praying the Hon'ble Bench to put your decided case under heading 'to be mentioned', if the court agrees, it will strike off the payment of maintenance part, otherwise 'Modification' is the next best option available to you.

Advocate Diwakar LawRato

934 votes

Hello Reader Yes, the Rs 5,000 paid under anticipatory bail can be considered a part of the Rs 8,000 maintenance under Section 125 CrPC, if you make a proper application before the 125 CrPC court. Without such an application, you will be required to pay both amounts separately.

Advocate Piyush Kumar LawRato