Can applications u/s36&37 of spl.m.act and also u/s125 of cr.pc be filed simultaneously?
K.K.Ganguly
(Querist) 13 February 2012
This query is : Resolved
Ld. Experts kindly advise.
Husband has driven out wife on dowry ground and filed Divorce Petition with adultery charge u/s 13(i)(ia) of Hindu Marriage Act without mentioning anything about adultery in the plea. The marriage was registered under Special Marriage Act.
Can wife file applications both under Sec36 & 37 of Special Marriage Act for alimony and alimony pendente lite and also maintenance under section 125 of Cr.PC?
If both can not be filed, which one is expected to give quicker and/or better relief to the wife?
Thanks.
Chaitanya_Lawyer_Mumbai
(Expert) 13 February 2012
Interim Maintenance will be granted during pendency of the petition.
RadhikaReddy
(Expert) 13 February 2012
Yes.. wife can apply under both proceedings..two separate cases...
no arrears granted under S.125 CrPC..
Wife can claim upto 3 yrs arrears Spl.m.Act
Once maintenance granted under one proceeding,Hon'ble Court shall consider the previous disposed case among both, before granting maintenance under the latter case
Tajobsindia
(Expert) 14 February 2012
@ Author
1. There is no Bar not to opt for multiple maint. proceedings. However the award under Civil maint. is setoff against any other further awards allowed under quasi criminal - quasi civil maint. proceedings.
2. Normally civil maint. should be put on fast track a sit is a superior Court than Magistrate Court as per status (rank and file).
