DV victimmmm ( ) 30 November 2012

Can dv case and crpc 125 run in parallel to get maintenance

Hi, my wife had filed DV case in Nov 2011 , she was denied interim maintenance by the court in Jan 2012 and the case is still going on.In the mean while wife filed revision case for interim miantenance and it's also going on. She has now filed crpc 125 case against me. it's a copy of DV case, only the courts are different.My question are

1. is crpc 125 maintainable with same alleagtions to get same type of relief(maintenance amount).

2. If both cases are maintanable, wht's the point in doing litigation on same matter in two different courts.

3. Is there any way to request the family court to put stay on crpc 125 as DV case is still going on.

Please share if there are any citaions in this regard.

Thanks in advance

Reply Follow

1 Replies

Tajobsindia (Senior Partner ) 30 November 2012

1. The DV case should stop is my view as procedure is similar to S. 125 CrPC.
2. If she has been denied interim in one case then certified copy of the same should be admitted in another case which is governed by same Code on very first opportunity.
3. Citation is there. Search (self help) here it was posted this or last month. Also your advocate should know why spoon feed him when he has collected fees from you !