Dear Advisers.
My wife had put casess under DV act, 125 section & one in Civil court, all are for maintenence.
In DV act & 125 verdict was given & then I inturn appealed in dictrict court.
Now i want to bring all theses cases under one roof or same judge or fight as one case.
Can you guid me, how to get them under one case. What is the procedure to so,
With regards
Sagar
Tajobsindia (Senior Partner ) 11 November 2012
1. Check if Family Court formed under Family Court Act. 1984 exists in your District where these cases are running then you may request before District Judge to combine and transfer all multiple maintenance cases to the Family Court in that District and make extra plea to dispose all of them in time bound fashion.
2. Now-a-days selected few Family Courts have started disposing DV Act cases and buzz word is that State HC's are about to bring Rules to include DV Act cases under Family Court.
Manoj Kumar Jain (abc) 14 November 2012
Use the judgement of diferent High Court which says that : No multiple proceedings on same relife in two diferent courts.
17. The non-applicants could not be allowed to ride two horses at a time (two simultaneous proceedings in
two different Coruts) and could not be permitted to continue the maintenance proceedings u/s. 125 of Cr.P.C.
when they had already chosen the alternative remedy in Reg. C.S. No. 227/86. It is well settled law that the
judgment of Civil Court shall prevail over the judgment of Criminal Court. The natural justice demands that
parallel proceedings cannot be allowed to continue in different Courts.
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