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K Venkatesan (Advocate)     24 May 2019

Regarding maintenance

I am Advocate K.Venkatesan from Chennai. My client's wife filed Original Suit for maintenance against her husband in 2014. The proceedings are going on. After that in 2016 she filed Divorce petition and got exparte order. Now in 2018 she has filed Sec.125 Cr.P.C. Is it possible? Experts can give details. 

With regards



 5 Replies

Pradipta Nath (Advocate)     24 May 2019

Sir, on my limited knowledge, under section 125(1)(a) reading with the explanations 125(1)(b), wife includes wife includes the divorced women and who is not re-married.

If the maintenance case was filed u/s 125 Cr.Pc may the afterwards petition can be payred for not maintainable. In the eoither way if the former was filed under the DV Act, this current 125 Cr.Pc case is maintainable too.

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     29 May 2019

My client's wife filed Original Suit for maintenance against her husband in 2014.......under which section..?

there are good decisions by Madras high court on parallel proceeding.
file objection regarding the same

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     29 May 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
CRL.RC.(MD)No.453 of 2014
and
M.P.No.1 of 2014
B.Prakash : Petitioner
Vs.
1.Deepa
2.Minor Harini : Respondents

K Venkatesan (Advocate)     31 May 2019

Sir it was not filed under DV I clearly mentioned that the case filed for mainenance in Original Suit.

Pradipta Nath (Advocate)     31 May 2019

Sir, then any parallel suit with same prayers is not maintainable. The Court may be informed of that.


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