Separation and divorce can be devastating

Separation and divorce can be devastating, emotionally and financially. Choosing the right lawyer to help guide you through the many important decisions you must make is vital.

At Family Kanoon we are only focused on resolving the conflicts arising out of your matrimonial relation/family Law with our best family lawyers.

Family law is a practice area which consists of all legal issues related to adoption, divorce and child custody, prenuptial or postnuptial agreements, maintenance and Alimony, Paternity, family disputes and dowry prevention. In short family lawyers look after all the family related or personal Law issue and provide the Legal solution in relation to matrimonial life. The best family lawyer in Gurgaon.

(i) The Judgment and order passed by the Family Court, affirmed by the High Court for payment of interim maintenance to the Respondent No. 1-wife, and Respondent No. 2-son, was affirmed by this Court. The husband was directed to pay the entire arrears of maintenance within a period of twelve weeks from the date of this Judgment, and continue to comply with this Order during the pendency of the proceedings under Section 125 Code of Criminal Procedure before the Family Court. If the Appellant-husband fails to comply with the said directions of this Court, it would be open to the Respondents to have the Order enforced under Section 128 Code of Criminal Procedure, and take recourse to all other remedies which are available in accordance with law. [1]

(ii) To overcome the issue of overlapping jurisdiction, and avoid conflicting orders being passed in different proceedings, it had become necessary to issue directions in this regard, so that there was uniformity in the practice followed by the Family Courts/District Courts/Magistrate Courts throughout the country. It was directed that

(a) where successive claims for maintenance were made by a party under different statutes, the Court would consider an adjustment or set-off, of the amount awarded in the previous proceeding/s, while determining whether any further amount was to be awarded in the subsequent proceeding.

(b) it was made mandatory for the Applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding.

(c) if the order passed in the previous proceeding/s requires any modification or variation, it would be required to be done in the same proceeding. [98]

(iii) The Affidavit of Disclosure of Assets and Liabilities annexed of this judgment, as may be applicable, shall be filed by both parties in all maintenance proceedings, including pending proceedings before the concerned Family Court/District Court/Magistrates Court, as the case may be, throughout the country. [99]

(iv) For determining the quantum of maintenance payable to an applicant, the Court shall take into account the criteria enumerated in Part B - III of the judgment. [100]

(v) The maintenance in all cases will be awarded from the date of filing the application for maintenance. [102]

(vi) For enforcement/execution of orders of maintenance, it was directed that an order or decree of maintenance may be enforced under Section 28A of the Hindu Marriage Act, 1956 (sic1955), Section 20(6) of the D.V. Act and Section 128 of Code of Criminal Procedure, as may be applicable. The order of maintenance may be enforced as a money decree of a civil court as per the provisions of the Code of Civil Procedure, more particularly Sections 51, 55, 58, 60 read with Order 21.

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