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Interim Maintenance and Domestic violence case


30-Jul-2023 (In Family Law)
Dear Team, DVC was filed by wife. Interim maintenance has not been filed yet. I am hoping that, it would be filed in the next hearing. DVC was filed almost a year back. due to judge's unavailability case has not progressed. If interim maintenance is ordered after 3 months from the date of interim maintenance filed, would judge ordered to pay interim maintenance from the date of interim maintenance filed or from the date of main main case filed.
Answers (2)

Answer #1
572 votes
hi
Generally interim maintenance is payable from the date of filing of interim maintenance petition.
however in some cases depending on the nature of allegation and the conduct of parties in court, the courts may be inclined to award interim maintenance from date of filing of DVC petition in court.
Answer #2
670 votes
In the main case, the relief sought would be from the date of main petition. However, in your case, she has not filed interim maintenance case, the order will be passed from the date of petition for interim maintenance, and not from main case.

In the final order, the court can award maintenane from the date of main petition, and you have to pay the remaining amounts in future.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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