Family matter
Anand Mohan Pathak
(Querist) 29 March 2013
This query is : Resolved
sequence wise can a case u/s 125 cr.p.c. for maintenance and then Domestic violence act and after that a criminal case u/s section 498a/406 ipc may run at the same time in different courts of law .
Advocate M.Bhadra
(Expert) 29 March 2013
Yes, both case are separate issue then the proceeding may be in different courts and it is maintainable in law.
Devajyoti Barman
(Expert) 29 March 2013
Yes, those are very much maintainable and the orders would run concurrently.
Advocate Ravinder
(Expert) 29 March 2013
Even if you are getting sufficient amount of maintenance under civil maintenance, you can also simultaneously file another case under Sec. 125 of Cr.p.c. and can claim additional amount apart from the above civil maintenance. Kindly see sec.125 of Cr.p.c. it clearly says that this is in addition to any other maintenance. Whereas, the other cases I.e. 498A, 406 of IPC, DV case etc can also be filed simultaneously accordingly to their jurisidcition.
Raj Kumar Makkad
(Expert) 02 April 2013
Truely speaking there is a package of 4 cases in matrimonial disputes these days and even all 4 are filed at the same time.
Anand Mohan Pathak
(Querist) 03 April 2013
Ha Ha Ha absolutely correct Sir , Raj Kumar Makkad .
V R SHROFF
(Expert) 03 April 2013
"Truely speaking there is a package of 4 cases in matrimonial disputes these days and even all 4 are filed at the same time."
VERY TRUE
WHY NOT ADD: [1] RCR [2] sec :13 DIVORCE, [3] SEC 18 MTN [4] CUSTODY ...& series... all independent court cases
Lase week, a Sr Judge advised my client, Better Pay her & settle, otherwise you have to pay Lakhs in Court Litigation & travelling from Haryana to Maharashtra & vice versa, POOR HUSBAND .
