Divorce and Cr.P.C 125 Petitions in two different Court?

Querist : Anonymous (Querist) 23 June 2010 This query is : Resolved
Case Details:

1.Husband Filed Divorce petition at Family Court for Desertion and Cruelty.

2.Wife Filed Cr.P.C 125 at her home town while attending the Divorce case at Family Court.

3.Husband not contesting the 125 thus it would go Ex-Parte in favor of Wife.

Que is while Divorce suit not disposed and Cr.P.C 125 is disposed off Ex-Parte from other CJM Court in such a scenario CJM Order would of Interim or Final in Nature?

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Adv Archana Deshmukh (Expert) 23 June 2010
It will be final.

Adv.Aiyer VLV (Expert) 23 June 2010
two different cases,
each not standing on another
separate judgements, orders.

CrPC will give interim maintenance first
and then family court might take note of and pass any order on maintenance covering that order too

Devajyoti Barman (Expert) 23 June 2010
The order passed by the CJM is final. The divorce suit is separate proceeding where too the court can pass order of alimony.

G. ARAVINTHAN (Expert) 23 June 2010
Both are separate proceedings and relief sought for in two proceedings are different.
The exparte order of maintenance is final unless or otherwise it is challenged

adv. rajeev ( rajoo ) (Expert) 24 June 2010
It is final order.

Unbiased Advice (Expert) 24 June 2010
Sir, Aravinthan S/o Ganesan ,Please Let me Know how and where can an Ex-Parte 125 Cr.P.C Order can be challenged?

RAKHI BUDHIRAJA ADVOCATE (Expert) 24 June 2010
Yes, it would be the final order.

Sukhija (Expert) 25 June 2010
It can be challenged in High Court.

DEFENSE ADVOCATE.-firmaction@g (Expert) 29 June 2010
Any exparte order can be challanged in same court within timelimit specified in limitation act and thereafter after applying for condonation of delay giving reasons of delay.

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