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Anita Singh (Querist) 27 March 2015 This query is : Resolved
if there is maintenance petition is pending in MM court interim maintenance allowed then can we file petition in family court under sec 18 of hindu adoption and maintenance Act during pending of dv petition can wife take maintenance from family court too or she can take only from one court

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Devajyoti Barman (Expert) 27 March 2015
Yes, both the proceeding for maintenance lies and the court in DV proceeding can grant maintenance in addition to what has been fixed in civil litigation.

Dr J C Vashista (Expert) 28 March 2015
The MM has granted interim maintenance under which provision of law, you have not mentioned. Presumably it can be u/s 22 of the Protection of Women From Domestic Violence Act, 2005, isn't it?
Other provisions for maintenance are independent and application for the same can be filed separately.
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Rajendra K Goyal (Expert) 28 March 2015
Yes family court can also give maintenance.

ajay sethi (Expert) 28 March 2015
yes family court can also award maintenance in addition to maintenance that has been awarded by magistrate under DV act

T. Kalaiselvan, Advocate (Expert) 01 April 2015
I agree with the opinions of expert above on the subject issue.

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