Maintance

Akhalaque Ahmed (Querist) 06 February 2013 This query is : Resolved

DEAR ALL,

IF WIFE APPLY FOR MAINTANCE UNDER SECTION 125 IN FAMILY COURT. SHOULD SHE CAN FILL MAINTANCE IN OTHER SECTIONS OF LAW LIKE IN DV AND UNDERSECTION 151 IN RCR.

PLEASE RESOLVE MY QUERY WITH SUITABLE JUDEGEMNTS RELATED WITH THAT.

THANKS®ARDS
AKHALAQUE AHMED

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ajay sethi (Expert) 06 February 2013
she can file for maintenance under DV . in such a case you draw attention of the court to the fact that order of maintenance has already been passed under 125 CR Pc . court will consider said fact while passing any order

Akhalaque Ahmed (Querist) 06 February 2013
TILL TODAY NO ORDER IS PASSED ON ANY MAINTANCE. SHE IS ONLY APPLY FOR MAINTANCE IN DIFFERENT COURT IN VARIOUS SECTION...

ajay sethi (Expert) 06 February 2013
inform court of her muliple applications .

R.K Nanda (Expert) 06 February 2013
order can be passed only once .

Nadeem Qureshi (Expert) 06 February 2013
Dear Querist
She can claim the maintenance u/s 125 of Crpc or DV Case but only one maintenance can be garnt, if the court passed orders in both the cases the only higher amount's order will be applicable and another order's payment will be adjust.
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Akhalaque Ahmed (Querist) 06 February 2013
Nadeem Sir, i have also file RCR in the same family court but she has denied to come said in counselling.... apply again maintence under section 151 Crpc....

Raj Kumar Makkad (Expert) 10 February 2013
The maintenance can be got awarded by many courts at the same time under multiple sections but the same shall be adjustable while making its payment.

V R SHROFF (Expert) 10 February 2013
She can be awarded diff orders under diff sections/ Act.
But the Second, and next to it will consider the Former Order, and adjust it accordingly.

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