Aishwarya Rathore-
Published On: September 21,2021 at 17:38 IST
The Bombay High Court ruled that while filing an Application for Maintenance in a matrimonial dispute, the individual requesting maintenance must disclose all previous Maintenance Orders so that the Court can factor in the previously ordered amount.
A Bench of Justice S K Shinde stated, “The Court, in the subsequent proceedings, would take into consideration the Maintenance already awarded in the previous proceedings and grant adjustment to set-off the said amount.”
The High Court set aside a Sessions Court Order dated January 1, 2020 in a Domestic Violence case after a husband challenged the impugned Order.
Earlier, the Sessions Court directed the husband to pay Rs. 20,000 in comprehensive Maintenance to an estranged wife, despite the fact that the Family Court had already ordered him to pay his wife Rs. 7,000 per month in 2019.
The Court directed the Sessions Court to modify its Order while taking into consideration the Maintenance that has already been awarded to the wife by the Family Court.
Click here to read/download the order
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