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Parth Chandra (none)     28 March 2011

Interim maintenance - crpc 125 vs DV

Hi Experts,

Recently I have went through a judgement as attached.

Can anyone please let me know if I can use this and similar judgements (regarding multiple maintenance) from various HC to counter interim maintenance claims by my wife.

summary of the cases are as below.

1) Wife filed 498a and crpc 125 (Final Maintenace) in March-2010
2) She filed interim maintenance application in crpc 125 in March-2011 along with Divorce as well.
3) She also filed DV asking various reliefs including interim maitenance in March-2011 just after interim maintenace prayer in crpc 125
4) No maintenance (interim or final) has been awareded so far. Final maintenance case in crpc 125 is for her cross examination when she asked for interim!!

Can anyone please let me know if

1) I can use above judgement in DV to rebut her interim maintenance prayer saying that she has initiated same proceeding (thouth maintenance is not given) in crpc 125???
2) Which court Family court hearing (125) or the court hearing DV has more power in the maintenance case..I mean order of interim maintenance of which court superseeds which one in this case?

 

thanks,

PC



Learning

 3 Replies

Tajobsindia (Senior Partner )     28 March 2011

@ Author


A strong stressful persuasive pleadings from your side clubbed with lady luck may bring desired results as for both sides citations do exists that also from your region so I am keeping fingers crossed on outcome.


Legally “multiplicity’ of suit is frowned upon for same cause title.


All the best . 

1 Like

Parth Chandra (none)     29 March 2011

Thanks Tajobindia sir,

However my second question remained unanswered...that is

2) Which court Family court hearing (125) or the court hearing DV has more power in the maintenance case..I mean order of interim maintenance of which court superseeds which one in this case?

I mean say for example, DV court still goes ahead and awards maintenance and then 125 court awards interim, then which order superseeds the other?

 

Thanks,

PC

Tajobsindia (Senior Partner )     29 March 2011

@ Author

The art of surrender in gender war says if one side of cheek offered for a societal remedy slap then take full revenge (means go for review) of 'self hurt and injury' then only offer second cheek, however if you are surrendering by your own admission a disturbed logic as in above post which is asked to me then I donot have much else to say other than I am trying to find finer definition of persuasion.


I believe more and more Indian husband's shall march ahead by creating precedents meaning thereby when corallites there in different HC’s opinion in asked subject then the best is to ask by way of a SLP your STATE’s HC to write in tombstone what could be the relief for larger public interest in such diverse opinions. Ever thought and or like to try that angle instead of askign questions upon questions !


I still wish you all the best.


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