No need to get stay from high court.
You just have transfer one 125 crpc case in another court as per you convenient and run in one court the maintenance case.
Stay over multiple maintenance case
My wife has filed maintenance case under crpc 125, this case is at petioner evidence stage, she has also demanded maintenance and other relief under dv case this case is also at petioner evidence stage. My question is that may I get stay over crpc 125 in high court as she has demanded maintenance in two different cases. Should I have to go to high court to get stay over 125 crpc case ?
Asked 5 years ago in Family Law
Religion: Hindu
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11 Answers
See the maintenance under 125 Crpc and dv act are both are different and independent, there are high court rulings over same so contest the maintenance below once the order is passed then for revision of same you approach the higher court so that the amount may be reduced by the court as at this stage court may not stay both,
Maintenance cannot be demanded separately taking the help of 2 acts. Therefore file a criminal revision against the order of maintenance.
Regards
All the proceeding where in the wife is entitled to maintenance are maintainable and hence no order of stay can sought for or granted on this basis.
However the order of maintenance passed in each proceeding is liable to be adjusted against each other.
- Maintenance awarded by either of the two case , will be treated as single order.
- No , she can not take benefit from the two courts under different Act in the name of Maintenance.
- If, there is order from the two different court against you and both Court direct you to comply its order, then you can challege the same in the High Court.
- Otherwise, proceeding will be continue in both cases and Hight Court will dismiss your applicaton.
- If, any Court has already passed order of maintenance , then you should to inform the other Court for the same.
Good Luck and dont forget to positively Rating.
I didn't get what you meant by 2 different cases. She can demand maintenance in divorce court as well as 125 crpc as well as domestic violence. Law permits her for the same
Stay will not grant but only one maintenance order will be honor which ever is higher. .
Maintenance can be filed under any one section only. There are various grounds on which maintenance is not granted to women. You need to confirm that ground by consulting to the senior family counsel and then decide it
You may not get a stay order from high court on this because she can claim maintenance under both the provisions of law.
In fact your petition itself may not be maintainable.
Dear Client
There will be no benefit for you if go to high court for stay in maintenance because high court have the view that Maintenance under 125 CrPC cannot substitute the maintenance under DV act
As Maintenance under Domestic Violence Act to be paid in addition to and not in substitution of maintenance awarded under S. 125 Cr PC
