Maintenance orders for wife and child
Sir,, DV Act judgment is received in 2014 and court ordered Rs. 2000 maintenance to wife and I paid regularly. Now Crpc 125 judgment is received and court order only child maintenance Rs. 3000 and deny wife maintenance because she is working and mention in order if in past I had given maintenance, can settle in this amount. I am confused because of DV act judgment court order wife maintenance and CRpc 125 judgement court order child maintenance and also mention adjust past maintenance in case I had given. In one case wife and another case child so is it possible to adjust maintenance amount in CrPc 125 case of child?
it is better you produce the two judgments, and can be advised only if you produce the two judgments so that we can verify and advise accordingly.
In such a trivia where simultaneously two maintenance awards are granted by the court, under the same facts and circumstances, the maintenance paid in one Order can be brought to the notice of the court ordering the second maintenance. What happens, when done so, is that the court combines/clubs both the maintenances into one. This is done in the form of a Set-Off. The accused finally pays the maintenance only at one place. Further, if the accused wishes to revise the maintenance amount so paid under Section 125 of Criminal Procedure Code then it is available by means of the provision of Section 127 of the Criminal Procedure Code. This is done by way of an application under Section 127 stating the change in circumstances or showing the earning capacity of the wife and presenting it in front of the same court awarding the maintenance under Section 125.
As per your query, you mention that the court itself has given directions – “mention in order if in past I had given maintenance, can settle in this amount”. This order of the court is in your favour. Just take the reference of the Order before the same court alongwith the court receipts of the previously paid maintenance. Submitting these before the court, make a prayer to the magistrate regarding the same, asking the specific left over amount to be paid after deducting from the previous maintenance paid. Also, let all these things come in the Order sheet of the court, for any future reference – when the wife comes up to the court and states otherwise.
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