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Wakle   27 May 2018

In dv act.sec 128

Hi my wife file sec128 for recovery amount of maintainance of dv act. But first she filled as per order of session court 24000pm and maintenance recovery amount of 5 lacs.later HC order 18000pm.now recovery amount is only 4 Lac. But she not file new sec128 on hc order for recovery amount 4 lac as per hc order. She only did application to court for recovry amount of 4 lacks remaining as per hc order in previous sec. 128 case. As per my advocate she should be filed new case of sec.128 for recovery amount 4 lac as per hc order. She first say in sec128 that 5 lacks recovery & now say 4 lacks. No amendment is possible in quasi criminal case &Sec.128 is quasi criminal.My opposite lawyer says,sec128 is quasi civil so amendment ( i.e. change in amounts of 5 lacs to 4 lac) in this case possible. My advocate says quasi civil nature of dv act upto sec32 after that quasi criminal nature of dv act procedure so no amendment or any change possible. And opposite party not taking any permission of court abt change in amount.so my lawyer request court to dismiss sec128 and direct to my wife to file new sec128 case as per hc order of recovery amount of 4 lacks. Now decision pending in court. My question is who is right I.e.my advocate or my wife advocate?what is difference between quasi civil and quasi criminal??????


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