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shivani (student)     15 February 2010

maintenance related to divorce cases

can maintenance be alloted by two courts according to the hindu marriage act??



Learning

 6 Replies

Alok Motan (Advocate)     16 February 2010

ur query is not clear..........

shivani (student)     16 February 2010

maintenance has been already alloted by one court so can it be given by another court also????


(Guest)

The maintenance can be provided under the following Acts:

1.  Section 125 Cr.P.C.

2. Section 24 (interim)/Section 25 (permanent) Maintenance of Hindu Marriage Act

3. Section 18 Hindu Adoption & maintenance Act

4. Protection of Women from Domestic Violence Act

A person can file a maintenance petiton under any one of the above Acts or under various Acts, if that he/she is entitled to file as such.  For example, a woman can file under Section 125 and she has already a case under pending  under Hindu Marriage Act and / or under Domestic Violence Act.

When the second court while passing the maintenance application take into consideration of the first court's maintenance award and amount (If the court does not take notice, it is the responsibility of the respondent's advocate to tell the court that the petitioner has been already awarded maintenance in one petiton by such and such court) and set it off  the first court's amount or clearly say in addition to that amount this amount has to be paid.  Same is the situation if the petitioner filed third or fourth  maintenance petition. 

Hardik Mehta (Family Counsellor)     17 February 2010

Yes, Maintenance can be awarded by the 2 courts, but the order of the civil court will preceed the order of the criminal court. If the case is in Higher Court, that will take preceedance.

Sonika Dhaka (Mody Institute of Technology and Science laxmangarh)     22 August 2012

No 

stanley (Freedom)     23 August 2012

if Maintanence is awarded by one court it cannot be awarded once again by another court as the opp counsel would convey to the next court regarding the maintanence awarded . 


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