Maintenance (Podgi ) at Different Court
Pawan Patil
(Querist) 10 February 2010
This query is : Resolved
Sir? Madam
I am resident at Pune in Maharashtra & My wife resident at Kalyan Maharashtra
My wife petition submitted against me at Kalyan Court & Pimpari court u/s section 125 of HMA & Domestic violence Act respectively for PODAGI (Maintenance)
I also putted petition at Pune Court for divorce on cruelty ground
Can any one guide me two Podgi cases run at time one at Kalyan Court & another at Pimpari Court?
Can I make application to Kalyan Court or Pimpari Court these two cases make combines at one place either Pimpari or Kalyan ?
I want to also know wife can suit file against me at different court?
If no what should I do?
Regards, Pawan
Raj Kumar Makkad
(Expert) 10 February 2010
Pawan ji! You cannot pray to combine both cases but can pray before District Judge Kalyan to transfer both the cases at one place. He can do becuase both the courts are under his administration.
So far as right of your wife to file 2 cases for maintenance is concerned, it is very much legal but the maintenance awarded from two places shall not be available to her rather the same shall be adjustable.
She even can move a petition under section 24 HMA in your divorce petition wherein she shall also claim maintenance allowance and the same shall also be awarded to her but as replied earlier, it shall also be adjusted and she can claim maintenance from either of the case which is highers.
