Domestic voillence act

rajendran (Querist) 02 January 2014 This query is : Resolved
A(wife) got married in the year of 1999 with B (Husband). Out of lawfull wedlock C and D were born. After some years passed some difference of opinion were aroused between A and B. so many litigation were initiated by A against B. while litigations were pending A leaving the matrimonial home in the year of 2011 September. in the Year 2013 A filed petition for maintenance before the Family Court Judge at Madurai. B entered appearance and filed his counter. After elaborate inquiry the Learned Judge passed an interim order directing the B to pay 40,000/- to A for education of C and D. B paid the entire amount. Main application is still pending. In the meanwhile A filed a petition before the learned Judicial Magistrate at Madurai under Domestic Violence Act and again she seeking interim maintenance for C and D for their education. B made an arguments before the Learned Magistrate that he was paid the educational expenses before the Family court. But the Magistrate refused the same and allowed the interim petition field by A and directing the B to pay Rs.40000/ for school expenses for C and D. My questions Whether A can avail a remedy before the two courts? Whether A can filed petition under DVC ACt and after one year separation from B? is there any relevant judgement please

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Devajyoti Barman (Expert) 02 January 2014
Yes
Yes
For citation make personal effort.

ajay sethi (Expert) 02 January 2014
since order of maintenance of Rs 40,000 has already been passed by family court the magistrate ought to have taken said order into account while directing B to pay additional Rs 40,000 per month .
go in appeal against order passed in DV case .

complaint under DV act can be filed after one year of separation . it is a continuing offence

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