Hi All,
Case filed by wife u/s 125 of CrPC is going on into one Court. No interim or final order is given by Court for this proceeding as of now. After few months of filing case CrPC.125, wife filed another case u/s 18 of Hindu Marriage and Adoption Act seeking same relief into another Court. I wish to get legal advice if there is possibility that I can raise objection in later case as proceeding of case (i.e. CrPC 125) is still pending in another Court?
I am seeing there are few judgments by H’ble Court where maintenance has been denied to wife on the basis that “Same relief (maintenance)cannot be asked twice in two different courts”. In said judgments I am seeing that one Court has already awarded some amount as maintenance to wife and hence sub-sequent Court has dismissed application for same relief.
I want to get legal advice if this is also applicable in a scenario stated above?
Kindly advise. Thanks!