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In View Of Maintenance Under Dv And 125


13-Jun-2024 (In Family Law)
In dv case interim 12000 impose and now wife also file section 125 . So my question is if in section 125 permanent maintenance for 8000 or 15000 is order then in this case husband will pay which amount As maintaince
Answers (5)

Answer #1
620 votes
while filing Rajnish Neha affidavit in CrPC 125 maintenance case both parties are required to declare other legal proceedings between them and any maintenance ordered therein. Thus the Family Court while deciding maintenance under CrPC 125 will take into consideration maintenance already ordered in. DV case. You can argue to deny interim maintenance in CrPC 125 case since maintenance is already ordered in DV case.
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Advocate Paritosh Sharan Agrawal

Adv. Paritosh Sharan Agrawal

LawRato Lucknow | 25+ Answers
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Answer #2
504 votes
both the maintenance cases shall be included and the money will be paid separately do not considered that one maintenance is allowed other will not be entertainment by the court both maintenance shall be passed and effective on the husband
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Advocate Hariom Dubey

Adv. Hariom Dubey

LawRatoVaranasi / Banaras | 25+ Answers
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Answer #3
829 votes
hello sir I am advocate shasvat bhatt High court Lucknow hello interview 12000 agar Diya ja raha hai koi kafi jyada hai aur ₹8000 agar aap usko 25 mein de rahi hai aur kafi der iske liye aapko sar High court Jana hoga High court se aapko sar direction Dena hoga mujhe tab usse sari baten ho sakti hai mujhe tab usse sari baten ho sakti hai
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Advocate Shashvat Bhatt

Adv. Shashvat Bhatt

LawRatoLucknow | 50+ Answers
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Answer #4
711 votes
Your mother should file eviction civil case against your wife immediately as well seek her eviction from her house under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, simultaneously. Your wife can always file injunction order against you and your mother from evicted from the shared household under the Protection of the Women from the Domestic Violence Act 2005. Now who files these cases against other and get eviction order or injunction order all depends the capability of your lawyer. Mind you, if your wife get injunction order against you all from evicting her from shared household which is your mother's house, then you won't be able to throw her out till you get divorce from her. Also without waiting file for divorce against her on the ground of cruelty in the Family Court.
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Advocate Sudarshan Singh

Adv. Sudarshan Singh

LawRatoGreater Noida | 25+ Answers
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Answer #5
519 votes
the permanent maintenance will be final for maintenance. Interim maintenance will be adjusted from permanent maintenance. after adjustment you have to pay permanent maintenance. thanks regards Himanshu Singh Chauhan
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Advocate Himanshu Singh Chauhan

Adv. Himanshu Singh Chauhan

LawRatoLucknow | 25+ Answers
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