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Sec. 125Cr.P.C. & PWDV Act-2005

(Querist) 20 September 2010 This query is : Resolved 
Dear Experts/Seniors.

The Hon'ble Delhi High Court on 30.08.2010
in Crl.M.C. 130&Crl.M.A. No. 504/ 2010 has held, that (para 3) -" IT MUST BE NOTED THAT THE PWDV ACT-2005 DOESN'T CREATE ANY ADDITIONAL RIGHT TO CLAIM MAINTENANCE ON THE PART OF THE AGGRIEVED PERSON. IT ONLY PUTS THE ENFORCEMENT OF EXISTING RIGHT OF MAINTENANCE AVAILABLE TO AN AGGRIEVED PERSON ON FAST TRACK. In the same para the Court further says : " THE COURT OF MM UNER THE ACT HAS POWER TO GRANT MINTENANCE AND MONETARY RELIEF ON AN INTERIM BASIS IN A FAST TRACK MANNER ONLY IN THOSE CASES WHERE WOMEN HAS NOT EXERCISED HER RIGHT OF CLAIMING MAINTENANCE EITHER UNDER CIVIL LAW OR UNDER SEC. 125 CR.P.C. IF A WOMAN HAS ALREADY MOVED COURT AND HER RIGHT OF MAINTENANCE HAS BEEN ADJUDICATED BY A COMPETENT CIVIL COURT OR BY A COMPETENT COURT U/S 125 CR. P.C, FOR ANY ENHANCE OF MAINTENANCE ALREADY GRANTED, SHE WILL HAVE TO MOVE THE SAME COURT AND SHE CANNOT APPROACH MM UNDER PWDV AC BY WAY OF AN APPLICATION OF INTERIM MAINTENANCE OR FINAL NATURE TO GRANT ADDITIONAL MAINTENANCE.

Now the question is :'A' a mother has filled an application against her son'B" in a Court of MM in Delhi both U/S 125 Cr.P.C. and also under PWDV Act 2005.The first listing of both the cases are on 25-9-2010.

The case no. of 125 is 27/10 and that of PWDV application is 29/10 before the same Metroplotan Magistrate. That means the case of 125 is listed before, that the case under PWDV Act.

Can the respondent plead before the Court that since 'A" has already exercised her right of claiming maintenance U/S 125 , therefore, the proceedings of PWDV Act should be dismissed or stayed till the final adjudication of case under Sec 125.

In view of the above judgement of Hon'ble Delhi High Court what could be the interpretation of "Exercising her right" ,Is it not approaching a Court for relief Exercising her Rights or the rights would be deemed to be exercised only after adjudication.

Kindly enlighen your Expert Opinion on the matter at the earliest.
Ajay Bansal (Expert) 21 September 2010
BOTH REMIDIES ARE AVAILABLE FOR MOTHER,BUT PAYMENT OF AMOUNT OF 125 WILL BE ADJUSTED TOWORD PWDV CASE'S AMOUNT ALSO.


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