Interim maintenance
David
(Querist) 09 September 2014
This query is : Resolved
Wife filed for interim maintenance in JM court and the DV case was stayed by high court due to incorrect jurisdiction. Husband filed divorce case idop in district court and wife filed for interim maintenance in district court again. Just want to know can some one file another petition for interim maintenance if an already filed case and its connected petition is stayed by hc.
Devajyoti Barman
(Expert) 09 September 2014
Why is the petition stayed due to incorrect jurisdiction?
Come clear on this fact.
Rajendra K Goyal
(Expert) 09 September 2014
The case file and the stay order has to be referred, consult a local lawyer.
ajay sethi
(Expert) 09 September 2014
if husband has filed for divorce wife can claim interim maintenance in said petition .
DV case has been stayed is separate issue altogether
Nadeem Qureshi
(Expert) 09 September 2014
Dear Querist
the dv case is stayed but she may file the maintenance case under section 125 of Cr.P.c or hindu maintenance and adoption act, nobody can restrain her to do that.
Raj Kumar Makkad
(Expert) 09 September 2014
Wife might have claimed interim maintenance under section 24 of HMA in the divorce petition filed by her husband and she has validly moved such application, if this is correct despite of stay of DV Act petition by high court as both issues are separate.
David
(Querist) 10 September 2014
Thanks for valuable feedback. Got it.
V R SHROFF
(Expert) 10 September 2014
sec 24 can always be filed in case h file divorce pet.
It is in Order despite other litigations & mtn orders..
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
In my understanding the wife has filed maintenance case u/s 125 cr.p.c. in JM court and it is going on. The DV case has been stayed by the high court for the time being (?), You have filed divorce case under Indian divorce act in which she has filed an IA seeking alimony under section 36 of the said act, right?, She can very well claim maintenance under both the laws, this is different to this. You may challenge the award based on one another, consult your lawyer for further details.
