How can I adjust DV maintenance payments against Section 125?
I have to pay Rs. 5000 per month as maintenance under Section 125 CrPC in the Family Court from 2012 to 2020 for the child. I have already paid interim maintenance to him in the DV case in a separate district court for the period 2016 to 2020 at Rs. 5000 per month. How can I adjust the payment made under the DV case against the Section 125 CrPC case to avoid paying maintenance twice?
If you have to adjust the maintenance that you have received under the Domestic Violence (DV) Act and the amount ordered under Section 125 CrPC, you need to apply to the Family Court for adjustment of payments because both payments were for the same purpose and they have the same period that is overlapping (2016–2020). Provide with the receipts or bank statements indicating the payments under the domestic violence case. Emphasize that maintenance cannot be claimed more than once for the same period as well as for the same beneficiary. These applications are usually entertained by the courts for preventing double maintenance and doing justice. Consult your lawyer for drafting and filing this application along with supporting evidence.
Sir, you can file an application in the Family Court requesting an adjustment of the Rs. 5000 per month payments made under the DV case against the maintenance under Section 125 CrPC by providing evidence of the payments. The court will decide based on the evidence and legal principles and it has the discretion to make the final determination. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
