• Regarding Mc in Divorce as IA and Mc in 125crpc and Mc in Maintenance .. Can she claim ?

The Lower court has granted Interim Maintenance for IA in DIVORCE CASE and it was challenged in HIGH COURT-Telangana and was stayed in full with both parties present for argument. 
Later she have filed one more MC in AP under 125crpc while the MC in Divorce is pending in Telangana. 
She also have filed Mc in DVC in AP state. 
Can a women file no of cases in Maintenance ?
Can a lower court in other state pass an order when the similar purpose of Mc (Maynot be of 125crpc) is pending in HC of other state ?
Asked 2 years ago in Family Law
Religion: Hindu

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8 Answers

She can seek maintenance and interim maintenance under various laws simultaneously. 

You can challenge them properly on merits and other relevant grounds 

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

Wufe can file applications for maintenance in DV ,divorce ,125 cr pc case 

 

2) courts would consider maintenance awarded on other cases before passing any order 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

IA in divorce case claiming maintenance and proceeding under section 125 cr. P.c and DV claiming maintenance are different, distinct and separate.  Though Wife can file said IA and complaints but she can avail only one maintenance which obviously should be highest one. However, you can use finding in IA in other cases under section 125 and DV case. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Nops

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

These cases are very common in various Courts of India and Supreme Court of India. I can really understand your problem. They say marriages are made in heaven. But so is thunder and lightening. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. 

In case of Rajnesh v. Neha (which is now a landmark judgement for deciding any maintenance case), Hon'ble Supreme Court stated while it is true that a party is not precluded from approaching the Court under one or more enactments, since the nature and purpose of the relief under each Act is distinct and independent, it is equally true that the simultaneous operation of these Acts, would lead to multiplicity of proceedings and conflicting orders. This process requires to be streamlined, so that the respondent/husband is not obligated to comply with successive orders of maintenance passed under different enactments. It is well settled that a wife can make a claim for maintenance under different statutes. For instance, there is no bar to seek maintenance both under the D.V. Act and Section 125 of the Cr.P.C., or under H.M.A. It would, however, be inequitable to direct the husband to pay maintenance under each of the proceedings, independent of the relief granted in a previous proceeding. The Court, hence, directed that in a subsequent maintenance proceeding, the applicant shall disclose the previous maintenance proceeding, and the orders passed therein, so that the Court would take into consideration the maintenance already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount. If the order passed in the previous proceeding requires any modification or variation, the party would be required to move the concerned court in the previous proceeding. 

Therefore, in your case, the maintenance amount can be adjusted accordingly. However, you can take a plea that this abuse of process. An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant. Detailed discussion is required in such cases. 

 

You may contact my secretary to connect with me for clarification. 

 

Gopal Verma

Advocate on Record & Amicus Curiae 

Supreme Court of India 

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

- Yes, she can file application for maintenance in DV and divorce case 

- Further, she can seek permanent maintenance after filing case under section 125 CRPC before the family court. 

- However, she cannot take maintenance from all the cases filed by her , and she is entitled to get the maintenance from one case only. 

- Since, the order in divorce case already passed for interim maintenance and which is stayed from the HIGH court , then you can mention before the other court regarding the same . 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Dear client I am sorry to hear that but in this case you xan go ahead an file a petition for quashing the case on the ground of res judiciata

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Yes she can file cases in other provisions you need to contest all on merits

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

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