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Querist : Anonymous (Querist) 21 May 2010 This query is : Resolved

A client/Husband has filed a RCR petition before a family court in 2008 against his wife who had separated from his household to live with her mother, along with a female child. He has also filed an IA for custody of child during weekends. Thereafter, in 2009 the wife has filed a divorce petition and has recently filed a petition for maintenance. All the cases are likely to be tried jointly. Meanwhile, the wife has also preferred a complaint before a magistrate's court under DV act, seeking protection order and monetary compensation (including maintenance) for loss of earnings and other expenses. Clarification from our experts are requested in respect of the following issues.
1) Is the relief of maintenance sought before a magistrate's court under DV Act maintainable in the light of a similar petition u/s 125 Cr.PC pending before a family court ?
2) Is the whole case before a magistrate under DV Act is maintainable in view of the pendency of RCR & divorce petitions before a family court?
3) what will happen to the child custody petition filed by the husband and the maintenance petition filed by the wife before the family court in case the husband concedes the divorce petition, as well as to the case filed against the husband and his relatives by the protection officer (on behalf of the wife) in the magistrate's court?

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Arvind Singh Chauhan (Expert) 21 May 2010
All the proceedings you have described her are separate in nature and can run simultaneously. Filing of RCR by you, may be a good defense in all theses proceedings.

Devajyoti Barman (Expert) 22 May 2010
1.yes
2.yes
3.With the grant of divorce the custody petition will also go unless an interim order is already passed.All the other cases will however continue against the husband.