Re: is wife entitled to file/claim maintenc in 2 cases??

1. She is claiming alimony (pmt. maint.) where status of parties and duration of marriage are considerations. To me facts suggest some ex-parte divorce granted thus HC stayed the same.
2. Both Divorce and DV are separate cases. The appeal at HC is for DV and under pleading para she may jolly well mention hint of divorce but then the appeal is disposed on merits. Wait for the same.
3. Appeals are disposed expeditiously. Your advocate may know local trend.

Originally posted by : Tajobsindia
	Your advocate may know local trend.

The more cases Advocates fight the more are the fees they gain , these are tools and tricks of their trade .Even your advocate is aware of this .

Wife can file several cases for Maintanence CRPC 125,HMA 24 and in DV too etc .But which ever case the order gets passed first for the rest of the cases you have to convey that she has already been awarded maintanence . 

The permutations and the combinations for maintanence would be 

1. Even though self employed she may show loss hence her capability of sustaining her herself raises a question mark ?. By the way has she sumbitted her IT returns .

2.. You have not specified if you have children . In case children are involved and they are living with her she can ask for their maintanence . 

But multiple maintanence wont be awarded .

Thanks Tajobsinida.

The DV case is pending in high court (past lower courts) in state of appeal from both parties

The appeal against Divorce also in High court from other party, past Divorce granted in Family court

Divorce process took 3 years, and so has DV case taken. So, no ex-partie in either of cases. Divorce granted on grounds of cruelty and extra-marital affairs proven through evidence. Yet, appeal allowed in High Court. Perhaps pending of DV matter not shared with Judge during appeal against Divorce, hence appeal may have been allowed.

On this state, could appeal against Divorce be dismissed expeditiously?

Thanks Stanley, very well cognizant of the fact of the tools and tricks of the trade.

DV case filed by other party 3 years ago and now pending in High court is purely for maintenance.

Appeal against Divorce for maintenance is only filed now in High court.

The awarding of maintenance may not happen so soon as the other party falls under category for maintenance co-existence but is trying to get away from it.

The other party's number of businesses, financial savings secured etc are already evidenced, recorded and represented in lower court order that is being appealed in the DV matter in high court with prayer that while all her financial secuirty and earning capabilities are recognized, recorded then why maintenance order passed for her in lower court.

Childen's maintenance is also being contested as part of the appeal for maintenance co-existence rather than entire burden on father.

Question is - other party''s intent of continual harassment through appeal on Divorce with reason for maintenance while DV matter already for maintenance pending,  how and how soon it can be dismissed (appeal on Divorce)

Thanks again.

Yes it is possible. Also bring finding of trail Court (in Divorce) matter to Hon'ble HC in DV matter.