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.
