respondent-wife from the sale of the
property be adjusted towards maintenance from the date of separation
of the parties, i.e., April 2019, instead ... from claiming
maintenance; (iii) if the respondent-wife is held entitled to
maintenance, what would be the appropriate quantum of interim
maintenance payable
granting the maintenance in subsequent
proceedings, the Court should take into account maintenance already
awarded in the previous proceedings and grant an adjustment ... provide for
maintenance to the daughter.
23. The learned Trial Court is hereby directed to calculate the arrears
of maintenance after granting adjustment
admittedly been received by the respondent-wife, shall be
adjusted towards the interim maintenance for the period from April
2019, i.e., when ... Rohini property, the said
amount is liable to be adjusted against the interim
maintenance payable to the respondent-wife and minor child.
(v) However, such
pass any specific order with
regard to the adjustment of maintenance amount, and mere
knowledge of the maintenance order under the Domestic Violence ... adjusting the amount since the passing of
the interim order dated 16.03.2024.
It is further clarified that no order regarding adjustment of
maintenance
view that the Opposite Parties were not entitled to
adjust maintenance charges as actual and lawful possession had not been
handed over to the Complainant ... Agreement till the date of execution of the Conveyance Deed,
after adjustment of an amount of Rs.2,50,950/- which is already paid
adjusted towards the outstanding demand and
the remaining amount was adjusted towards maintenance charges. However,
we are of the view that the Opposite Parties were ... entitled to adjust
maintenance charges as actual and lawful possession had not been handed
over to the Complainant, inasmuch as the Conveyance Deed
maintenance of Rs 8,000 to the
petitioner as interim maintenance. It is further clarified that
if the respondent No. 1 is paying any maintenance ... Family Court does not affect the respondent, as any
maintenance paid is adjustable or can be set off.
16. The petitioner in her asset
wife for Rs.12 lacs, is liable to be
adjusted towards the maintenance dues and by including the said
amount, Rs.26.50 lacs ... such receipt of Rs.30 Lacs shall be adjusted against permanent
alimony/maintenance
/maintenance,, if any, awarded by the Family Court, in case,
wife prefers
Moreover, amount of maintenance was
ordered to be set off/adjusted with any other maintenance allowance
received by the respondent.
2. The brief facts ... Moreover, amount of maintenance was
ordered to be set off/adjusted with any other maintenance allowance
received by the respondent. Aggrieved by the same
reasonable maintenance of Rs.20,000/- per
month with explicit adjustment clause for interim maintenance to be
received under D.V. Act or any other ... into account the maintenance awarded in any
previously instituted proceeding, and determine the maintenance payable to
the claimant and grant an adjustment
