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maintenance execution case by wife


10-Feb-2026 (In Divorce Law)
I have 2 questions. 1. The court passed an order but I am not given a copy. My lawyer said execution order copy aren't given. Isn't it unlawful? 2. I was asked to pay from the date she filed 125 crpc. But judge refused to deduct the amount I paid her and the daughter between case file and the order date. Isn't it unlawful?
Answers (3)

Answer #1
910 votes
The amount you paid in between is called interim maintenance and is generally not considered in the final decree, however, as regards to copy of the order is concerned you can always apply for a certified copy and obtain a certified copy. If you are unsatisfied with the order you can file either a appeal or even mata/writ before the high court challenging the legality of the said final decree
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Answer #2
604 votes
1. If your lawyer is saying copies are “not given”, that is incorrect in law. You can personally apply in the copying section of the court for a certified copy by filing a copy application (CA). The court cannot deny a certified copy to a party to the case. 2. If you have documentary proof (bank transfers, receipts, etc.) showing payments made towards maintenance, the court should ordinarily give adjustment/credit for those amounts. Refusal to consider genuine payments may be challengeable by filing Revision Petition before the Sessions Court or High Court challenging the order, particularly on the issue of non-adjustment of payments.
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Answer #3
869 votes
For every order passed by the court,u r entitled to have certified copies, if u r a party to the case. It's unfortunate for the lawyer to say so. The order is required to be seen. Normally if someone has paid maintenance u/S 125 cr.p.c, he is absolved of the liability for that period.
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