Sourav Roy (-) 30 January 2016
I have won 498a case.In divorce proceeding wife filed petition for interim maintenance through pendente alimony and Judge ordered her another maintenance Rs.4000 without considering earlier Rs.5000 which already granted to her in 125 crpc....Now I am going to challenge this Rs.4000 as it is double jeopardy...I want to know if I file in high court an application under article 226 read with sec 151 cpc to vacant or stay aside the order...Is it ok or kindly suggest
If the woman has already moved court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from DomesticViolence Act by way of an application of interim or final nature to grant additional maintenance.
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 31 January 2016
The remedy depends on the city where the case is pending. If the family courts act applies there then the remedy is u/s 19 of the family courts act .Otherwise the correct remedy is throiugh a petition u/a 227 of the Indian Constitution.
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