Maintenance & DV
Moin
(Querist) 09 July 2010
This query is : Resolved
Dear Advocates
My Query is my wife is fighting case in DV in Court & she had also file for RCR, Maintenance, 125 in family court for relief. my family court case was dissmised on the groung that wife cannot go for RCR but she can go maintence under Mohameddean law, then she went to Lower court for DV & demanding maintence for all House, medical expense for the Child etc...
she had demanding maintence in famly court also ...
now My Query is my wife can get maintence order from both court (lower & family) if yes
then i have to give maintence to both court order? or i have to follow only one court. what is the procedure to avoid one court order.
Thanks
Chanchal Nag Chowdhury
(Expert) 10 July 2010
NO. Maintenance of one court will merge with the other & she may get whichever is higher. The procedure is to produce the order of one court before the other & seek adjustment.U may move the high court for quashing of the 125 Cr.PC in view of the Maintenance granted by family court. In fact, U have multiple options.
