You have to pay only one maintenance. Which ever is higher.
I have filed Divorce case from my wife. She has put additionally a Domestic Violence on me and my family. Now, I would like to understand that after my Divorce case is over and Maintenance decided for Divorce, Do I need to pay the maintenance decided for Domestic violence separately? Or The maintenance of Divorce is alone sufficient. Can both maintenance amounts be clubbed together and paid in lumpsum? Thanks KUNTAL
Hello,
Both maintenance amount can be clubbed. If sufficient amount is being given to your wife then you may file an application for dismissal of maintainance in one of the application.
Regards
You need to pay maintenance amount separately for DV case
2) the maintenance in divorce case alone is not sufficient
You have to pay the maintenance amount which is allowed as interim maintenance and the outstanding will be recovered by the court and paid. The maintenance after divorce will separately decided.
1. You shall have to pay maintenance only once in a month.
2. You shall have to make a mention before the Judge (who decides about the maintenance issue at last), that the maintenance has already been decided by another Court of law in some other case.
3. Ordinarily, the amount directed to be paid in DV case is to be paid in case there are multiple directions to pay maintenance.
DV is different and Divorce maintenance is different. Order Of Maintenance Awarded Under Domestic Violence Act Cannot Be Substituted By Maintenance Under S.125 of CrPC...
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1. yes, the decree of divorce even if granted by court is deterrent to continue with the DV case and the amount passed therein would be adjusted with the alimony order.
2. So even if the DV case passes separate order maintenance of both cases gets adjusted with each other and not amount of bot cases is to be paid separately in full.
At the time of divorce decree all type of maintenance will be clubbed and one maintenance only will be there.
Once divorce will be granted to you, the pending Domestic Violence will automatically become infructuous and there'll be no cause left to be decided in the said complaint. Hence, the Court will dismiss the case as infructuous and hence, no need to cntinue paying maintenance in DV case.
hello,
after the divorce, you only have to pay the alimony and the maintenance. the DV act maintenance is to be paid until the cases are not decided. after the divorce, all these proceedings shall abate.
regards
Domestic voilence maintenance is different from divorce maintenance and has to be paid separately. If you have a agreement or consent terms between each other then it can be done. You can pay the same clubbed and in lump-sum
The maintenance ordered in divorce case is different to that of the maintenance ordered in the domestic violence case.
You cannot club both the orders together