I am a Govt. employee. I filed the divorce case on the grounds of mental cruelty in May 2010. She filed two cases of maintenance, one in the same court of ADJ under Section 24 and another in MM Court under CrPC 125 in July 2010. ADJ awarded her maintenance of Rs.6000 per month and also allowed her to live in the Govt. accommodation alloted in my name for which HRA around 6500/- is being deducted per month from my salary. At the time of granting maintenance, my net salary was taken by the judge as Rs.24000/- per month after statutory deductions and as I am looking after my son as well, she was awarded maintenance of Rs.6000/- per month. Her lawyer once told the judge in the ongoing divorce case that the maintenace case in another MM Court has been withdrawn by her but it came to my notice that the case is still on and the next date of hearing is 29 March 2012 for final arguments. I submitted my written statement and did not go to any hearing date thinking that the case has been withdrawn by her.
In the divorce case, my cross examination on Evidence Affidavit from her lawyer has been over and there are two more witnessess from my side to be cross examined on next hearing date.
My question is: Can she get multiple maintenance order, one from ADJ Court and another from Metropolitan Court?
Can she be sued for wasting Court's time as she has alraedy awarded maintenance of Rs.6000 per month in September 2010 and the case in lower MM Court is still on?
Plz advise.
