Whether amount of maintenance paid earlier adjusted in alimony later

538 votes

Yes it can be adjusted at that moment you are requested keep it as an avernment then and pray for it before the learned court. It should be done in accordance with the situation and it can be tagged in.

Advocate Aveek Bose LawRato

568 votes

It depends on the income and status of both party. Yes, court may be allowed an alimony of lesser amount which she is now getting. The general rule is that one would enjoy only one alimony/maintenance at a time. Then it is her choice which one she will prefer? higher or lesser amount?

Advocate Aniket Joardar LawRato

584 votes

No. Maintenance under DV Act is separate thing from alimony or pendenti lite under Section 24 of Hindu Marriage Act. In the Divorce Petition there is no provision to file maintenance. Therefore, if a wife awarded Maintenance under DV Act and she file Divorce against her husband under Section 13 of Hindu Marriage Act or Section 27 of Special Marriage Act. Thereafter if she file petition for Pendenti lite under section 24 of Hindu Marriage Act or Section 36 of Special marriage Act, then she only get maintenance till the disposal of the Suit, not entire life. But as per Maintenance order under the DV Act or Section 125 of Cr. P.C. she get right maintenance for lifetime till re-marriage.

Advocate Sanjoy Acharjee LawRato