Moin (nil) 08 July 2010

DV & RCR, 125 maintenance

Dear Advocates

My Query is my wife is fighting case in DV in Court & she had also file for RCR, Maintenance, 125 in family court for relief. my family court case was dissmised on the groung that wife cannot go for RCR but she can go maintence under Mohameddean law, then she went to Lower court for DV & demanding maintence for all House, medical expense for the Child etc...

she had demanding maintence in famliy court also ...

now My Query is my wife can get maintence order from both court (lower & family) if yes
then i have to give maintence to both court order? or i have to follow only one court. what is the procedure to avoid one court order.

Thanks

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2 Replies

Legal Fighter (Advocate) 08 July 2010

She can seek maintenance from both the courts but when one maintenance order is passed, you have to bring the same on record of other court so that the other court must consider the same while passing any order.

Also u can atleast take this ground in your reply that she is seeking maintenance under different provisions of law which can't be permitted.