Dino Mackenzy (Delivery Head) 25 June 2015

Same relief can't be asked twice in two diff. courts?

Hi All,

Case filed by wife u/s 125 of CrPC is going on into one Court. No interim or final order is given by Court for this proceeding as of now. After few months of filing case CrPC.125, wife filed another case u/s 18 of Hindu Marriage and Adoption Act seeking same relief into another Court. I wish to get legal advice if there is possibility that I can raise objection in later case as proceeding of case (i.e. CrPC 125) is still pending in another Court?

I am seeing there are few judgments by H’ble Court where maintenance has been denied to wife on the basis that “Same relief (maintenance)cannot be asked twice in two different courts”. In said judgments I am seeing that one Court has already awarded some amount as maintenance to wife and hence sub-sequent Court has dismissed application for same relief.

I want to get legal advice if this is also applicable in a scenario stated above?

Kindly advise. Thanks!

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5 Replies

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 26 June 2015

she CAN ask in TENS of places but can NOT claim everywher as that will be called DOUBLE JEOPARDY

Dino Mackenzy (Delivery Head) 26 June 2015

Yes Sir, you are right. Wife can always file multiple false cases and it is happening in 99% of matrimonial cases. The reason behind asking this question is that if husband submits his objection at very early stage and if Court thinks in sensible manner that same relief is sought by wife in another case which is in its final stage now, then husband case save himself from all pain and harassment which he is seeing by contesting similar case once again. This will definitely helpful to husband for saving money, time and all other harassment .

Regards

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 26 June 2015

u r absolutely right., whereas in order to save from harassment go PIP in all cases & then see the dance of opp party,

but that dance of opp party is possible ONLY IF u wrote a lot & lot & lot of prel objections & the case filed by her is fake. false/ concocted/ vexatious/ wild / absurd/ ambiguous , , , बोले तो . . . . . . ?