Hi Experts,
I read the below extract at this forum and would like to clear my doubt.
As per the Delhi High Court ruling in II(2010) DMC 775 Renumittal vs Anil Mittal and Ors. The Hon'ble High Court gave findings that "Jurisdiction under Cr.P.C. and Protection fo Women from Domestic Violence Act is parallel jurisdiction - If maintenance has been gratned u/s.125 Cr.P.C. after taking into account entire material place before Court and recording evidence, it is not necessary that another Metropolitan Magistyrate under Domestic Violence Act should again adjudicate issue of maintenance - Law does not warrant that two parllel Courts should adjudicate same issue separately - If adjudication has already done by Court of Metropolitan Magistrate u/s.125 Cr.P.C., re-adjudication of issue of maintenance cannot be done by Court of Metropolitan Magistrate under Domestic Viollence Act -----------------
I see that as both cases are considered as parallel juridiction is there any sequence to it.
CRPC 125 filed first and then Dv - then we can oppose using above citation.
DV filed first and then CRPC 125 - Can we oppose using above citation?
May be very childish query but better to ask.
