• Can maintenance under Domestic violence be clubbed with Divorce maintenance

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
Asked 4 years ago in Civil Law

2 answers received in 10 minutes.

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12 Answers

You have to pay only one maintenance. Which ever is higher.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You need to pay maintenance amount separately for DV case

2) the maintenance in divorce case alone is not sufficient

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

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.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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...

For further you may contact us

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

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.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

At the time of divorce decree all type of maintenance will be clubbed and one maintenance only will be there.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

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.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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