Is Multiple maintanence applicable in Maharastra under Domestic Violence( In sessions court ) as well as CRPC 125 ( District Court ) filed seperately and how to counter either any one of them since as of date there is no progress in the false DV case and nothing has been decided .Most probally i am expecting CRPC 125 to be filed shortly by my wife as the DV case is not progressing and neither interim maintance has been passed .
Saurabh..V (Law Consultant) 23 July 2011
@Author
Only one maintainance would be allowed. You can take the stamped copy of the court order to the other court and show that maintenance has already been provided and the court would dismiss the plea of your wife to take multiple maintenance.
You have to understand that maintenance is for security of the wife who was turned out of home by the husband and/or his family without any reasonable cause. In such situation the wife has all the rights to claim maintenance. But parallely it is not for enriching her. So maintenance could be awarded once and only upto an amount which would make her living standards equilivalent to those which would have existed if she would have been living with you.
For enhancing maintenance amount, the complainant has to move higher court. Taking multiple maitenance orders from different court would amount to cheating with the court and might result in contempt proceedings against such complainant.
//peace
/Saurabh..V
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
