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Sharma and sharma (Retired)     02 December 2018

Multiple interim maintenance case

After 6 months of marriage, my daughter-in-law left the matrimonial house and filed a dv case in 2015 at Maharashtra in which interim maintenance order was passed in 2016 under which we have since paid  about 2 lacs followed by our application for modification/review of interim as she was working along with the proofs.Also towards end of 2016, we filed a divorce case.However in June,2018 my son himself could cross-examine her for 1 session only, in dv case, after which she never attended court for 5 consecutive court hearings, with her lawyer who submitted medical certificate for not attending. 
It has transpired that she is planning to file crpc125 case in different State where her parents reside, just to harass us in another case.
 
My concern is:
1.)Can she file another case in different state under crpc 125 while the DV case (u/s 12,18,20,21,22) and divorce case are in progress in Maharashtra?
 
2.) Is it permissible under law or is it an abusive of due process of law?
 
3.)What would you advise if she files it?
Rgds


Learning

 3 Replies

Kumar Doab (FIN)     02 December 2018

Provision of maintenance is available under various enactments.

Court may consolidate and rationalize.

 

Kumar Doab (FIN)     02 December 2018

You could not succeed to convince the court despite submitting proof of income of DIL or court was of the opinion that she need to be given comfort of her lifestyle say; after marriage…

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 

Kumar Doab (FIN)     02 December 2018

In the meantime you may go thru similar queries in threads, files, articles e.g;

Article under my profile;

 

“Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!”

 


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