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Maintenance case please help me out of this
27-Jun-2023 (In Divorce Law)
Hello Sirn1. My divorce case in rohini court and DV, FIR DOWRY & Maintenance case in saket court2. My question is, In Saket maintenance court pass the order in favour of wife of rs 5000, from 2018 onwards when she file a case Now she ask maintenance in divorce case 13b & DV case also3. In 13b judge also pass the order and raised the maintenance amount 5000 to 10000rs from 2016 onwards, after the CRPC 125 order4. now she asking maintenance in D.V case also5. Now 13b case goes on hold (sine dies) due to maintenance is pending and judge say first pay all pending maintenance then 13b case move ahead. nn6. Maintenance of (Rs 3.5L) Rohini court order is pending, i pay ( Rs 1.5L) saket maintenance court order7. Can she liable to maintenance in all the casesI lost my job also due to COVID last year, Now what we do ahead
You may contact a good lawyer and seek a detailed consultation. Do take the requisite case details and documents. Maintenance can be granted by family court as well as mahila court in DV matter, however the maintenance needs to be adjusted. Would like to see the ws and other documents filed by both the parties. You may file an appeal against DV interim maintenance
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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What is maintenance duration?
This level recommends a duration between 30% and 40% of the length of the marriage. For marriages longer than 20 years, the recommended maintenance period is between 35% and 50% of the total marriage duration.
How much time it will take to get maintenance?
According to the third proviso of Section 125 of the CrPC, it states that the proceeding for interim maintenance must be resolved within 60 days of the service of the notice.
How do I stop a maintenance case?
You may make a request to the court where the D.V. You can file an application before the court where the d.v. If the order of maintenance passed by the family courts u/s. 125. P.C. then files an application under section 127 of the Cr. P.C.
What is the limitation period for recovery of maintenance?
Limitation of 1 year for recovery of maintenance under S. 125(3) of CrPC and the law on enforcement to claim order of maintenance under S. 128 CrPC: All HC explains. 07-Feb-2022
you can state the new facts in front of the judge. you will have to show your assets and income receipts in front of the judge. the judge will consider all that. since your wife has already claimed 10 000 per month for added maintenance, the judge will look into your total income and then pass any order
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Adv. Sakshi Garg
Delhi | 25+ Answers
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Good afternoon
In India. Maintenance can be granted separately in DV and divorce cases. However, owing to recent developments and case laws, it’s the duty of the court to grant a decree of maintaining keeping in mind any such previous ordered in play. In case of loss of job, this change in circumstances can be made privy to the court. Please feel free to get in touch for further clarifications.
Regards
Adv. Abhinav Sharma
In India. Maintenance can be granted separately in DV and divorce cases. However, owing to recent developments and case laws, it’s the duty of the court to grant a decree of maintaining keeping in mind any such previous ordered in play. In case of loss of job, this change in circumstances can be made privy to the court. Please feel free to get in touch for further clarifications.
Regards
Adv. Abhinav Sharma
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Adv. Abhinav Sharma
Delhi | 500+ Answers
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generally only one amount Is paid against maintaonce.... one will have to check all the files and orders as to why different orders are passed against you then only one can guide you for the same .... your laywer should have opposed for simultaneous maintaicne in different courts..
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Adv. Rohit Manan
Delhi | 100+ Answers
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