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Ajay Kumar (Govt)     29 December 2012

Maintenance claim admissible?

Dear Experts. Please advise in matter mentioned below:-

1.      maintenance granted to wife  and daughter 20000/- per month by an administrative order under army act was modified by Armed forces tribunal(equivalent to high court) to 10000/-.

2.      The lady has gone to file fresh petitions under crpc 125 at family court as well as domestic violence act in Delhi court asking for interim maintenance of 40000/- and other reliefs under DV act after recieving the court order for modification.

3.       The fact of modification of maintenance by court order has been mentioned in the petitions but copy of court order not produced even after being served since that clearly explains the financial hardship to man and reason for reduction of maintenance. It is strongly in favour of the man.

My Queries

4.      Is the petition under crpc 125 maintainable at family court and district court since the matter is already subjudice at a divisional bench (two judges)?

5.     can I ask for dismissal of prayer for interim maintenance since she is already getting it from another judicial forum and matter being pending before a higher court.

6.      will producing of court order help me in defeating the claim for maint of lady at family and district court?

7.      Can it be termed as hiding of material fact, plural remedy?

8.    would final judgement from the armed forces tribunal overrule other civil courts?

Kindly respond.


 3 Replies

Nadeem Qureshi (Advocate/     29 December 2012

Dear Querist

if wife filed maintenance petition before Army Court, she filed a maintenance petition u/s 125 of cr.PC or she filed a Domestic violence case and demand maintenance or she file an application u/s 24 of Hindu marriage act, of she filed a case u/s 18 of Hindu Addoption &  maintenance Act, she can get only one relief. one one court order will be applicable, if  in another cases the court passed any order without knowledge to another cases the amount will be adjustable.

Feel Free to call

Ajay Kumar (Govt)     29 December 2012

I understand that one court order will be applicable but which one, what if one court has ordered for stopping of maintenance for wife and the maintenance for child to be continued.

Raj (fr)     29 December 2012

If one file for RCR after wife dessertation ,will maint. amount payable till the judgement comes.What is the maint. amount payable,how it is calculated.

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