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Regarding old maintainece arrear


31-May-2023 (In Divorce Law)
I have been paying my wife on regular basis through online bank transfer, recently a family court ordered me to pay interim maintainence from the date of filing 125 case, will the old amount which I have already paid willingly In past , will that payment be considered or I have to pay fresh again for the past months since the case was filed , interim order was passed exparte
Answers (5)

Answer #1
848 votes
dear client as per your query I can only suggest you that have you discuss what you have paid in your w.s. about the amount you were paying willingly as your query is not elaborate do discuss about it with your lawyer for future paid consultation please contact us with your relevant documents.
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Answer #2
752 votes
Hello Good afternoon I'm advocate Vivek Mishra well according to your case you can go and appeal for x party order for further more details kindly contact me so that I can elaborate you in proper manner thank you so much
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Answer #3
511 votes
you can only can request to the court for considering the amount you have paid willingly. may be court can consider. but there is not any provision there you can have right to reimburse the amount that you had pay already.
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Answer #4
854 votes
yes all the payment which has been paid by you in the pas can be considered by the court. because if your wife hide the detail of your transaction then she bound to explain it in the court. no you not have to pay any amount from past
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Answer #5
845 votes
If maintenance petition has been filed under section 125 crpc then court will pass maintenance order after hearing the both parties. If opponent cooperates and apppears before the court on each hearing then it may take less than 3 months. If opposite party used to absent then petitioner can claim interim maintenance, which shall be decided by the court within 60 days from the date of filing.
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