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All is NOT well (Harrased by Biased Laws)     30 May 2012

Maintenance filed by wife in 2 cases

Dear Members,

My wife has filed a separate maintenence application under section 125. Also in the divorce case whcih was filed by me she asked for interim maintenance.

is it possible that wife can file the same application for maintenance in two different cases and whcih will be considered by the court.

Please advise. I am bit confused.



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     30 May 2012

Don't get confused.. a wife can apply for maintainance under all the laws available to her.. there is no bar in preferring petition. However when maintainance is awarded under one petition, the amount awarded  will be considered by the court while dealing with the second petition.. So file the certified copy of the judgment in which the maintainance is granted in the other proceeding.

1 Like

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     30 May 2012

Kindly applied for RES JUDICATA.....

 


This is a phrase which has been evolved from a Latin maxim, which stand for ‘the thing has been judged’, meaning there by that the issue before the court has already been decided by another court, between the same parties. Therefore, the court will dismiss the case before it as being useless. Res Judicata as a concept is applicable both in case of Civil as well as Criminal legal system.

1 Like

HK_Jain... (498a Fighter)     30 May 2012

Originally posted by :JOSHI ******
"
Kindly applied for RES JUDICATA.....

 




This is a phrase which has been evolved from a Latin maxim, which stand for ‘the thing has been judged’, meaning there by that the issue before the court has already been decided by another court, between the same parties. Therefore, the court will dismiss the case before it as being useless. Res Judicata as a concept is applicable both in case of Civil as well as Criminal legal system.
"

Hi Sir

Please give more light on this..

awaiting..

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     30 May 2012

All is NOT well (Harrased by Biased Laws)     31 May 2012

Thanks Adv Archana ji,

Can two cases for maintenance run parralally in two cases until the maintenece is decided in one case.?

HK_Jain... (498a Fighter)     31 May 2012

Originally posted by :Gaurav agarwal
"
Thanks Adv Archana ji,

Can two cases for maintenance run parralally in two cases until the maintenece is decided in one case.?
"

YES

rajiv_lodha (zz)     31 May 2012

Wait for the case which is decided first, weaken the subsequent cases with this order


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