Sec.125 filed while recieving interim maint. from dv

Yes, it can be filed, there no bar for filing.

Hello, thanks for the reply.

I mean to ask, what if husband represent the fact that wife has been already been receiving maintenance under domestic violence act and so to reject the case of 125? Are 125 applications still entertained while wife is arleady getting mainteneance from another case ? 

The court will take into consideration the maintainance granted and pass the order accordingly but whether it will be dismissed or not depends upon the quantum granted and its reasonableness depending on the facts and circumstances. However it is interim and not final that is granted this fact should be noted. 

If you are eligible for Rs.10000/- maintenance as per the discretion of some court that grants maintenance.  You are already getting say, Rs.4000 interim maintenance under HMA.  Then the other court, (on being informed either by him or you that you are already being paid Rs.4000) grants Rs.6000/- maintenance. However it is wiser to seek maintenance from only one court to avoid the problem of default by the payer.  I am following that court's order, this court's order...in all this confusion...he may end up paying nothing.  If you have order of only one court and supervision of only one court, it would become difficult for him to default. You should not mistake that if you apply under four laws in four different forums you will get more.  Each of the courts will come to know what other courts have ordered fom him to pay, because in his interest he will inform all the courts that he is already paying.

yes, the wife can file an applilcation under section 125 of the cr.p.c during the period when she is getting the maintenance under the matrimonial proceedings. There is no bar or impedement. Higher amount of maintenance will prevail irespective of any proceedings poending. AIR 1988 Raj 127. AIR 1988 Del 50. The scope of adjudication is different in respect of the both proceedings.

here the magistrate court must consider the maintenance what the aggreived wife is getting in determening the quantum of maintenance.

Hello, Chandrasekhar, 

your view is absolutely correct but the law provides the different remedies in case of maintenance, But it is the duty of the wife to inform the court that she is getting maintenance otherwise she will be the guilty of supression veri suggestio falsi.  which will prove her misconduct. As it is the duty of the wife to come to the court with clean hand.

Originally posted by : subrata chandra polle
	Hello, Chandrasekhar,  your view is absolutely correct but the law provides the different remedies in case of maintenance, But it is the duty of the wife to inform the court that she is getting maintenance otherwise she will be the guilty of supression veri suggestio falsi.  which will prove her misconduct. As it is the duty of the wife to come to the court with clean hand.

If family court allows proceeding under 125, it clearly means that family court is superior than metropolitan court and it neglect , avoid or oppose judgement of interim maintennace already granted by metropolitan court. 

Furthermore, if case under 125 is proceeded and family court grants X amount of maintenance, and wife can decide which maintenance to take (obviously she would choose higher), it means that wife is a special authority or judge who can decide which court (and its judgement) is correct. Why not husband can decide which court is correct ?

Ideally it can't be husband or wife who can decide which court's judgement should be final but case should be taken to higher court to decide final judgement.

To avoid such confusions, ideally only one court should be allowed to proceed for "maintenance".  Gov. has provided countless remedies for wives but multiple courts must not be proceed for same remedy at same time.

To avoid such confusions, ideally only one court should be allowed to proceed for "maintenance".  Gov. has provided countless remedies for wives but multiple courts must not be proceed for same remedy at same time.

....

Dhaval,

What Subrata said is correct.  It is also duty of wife to inform the court if any court had already awarded maintenance earlier.  It is not the prerogative of husband or wife to choose.  If Wife is getting Rs.4000/- through HMA as interim maintenance and Rs.6000/- through S.125 Cr.PC., then if she has a case with DV court for maintenance she should inform the DV court that she is already getting Rs.10000/-.  If DV court decides that she should get Rs.8000 pm maintenance, as she is already getting more, the judge would say the same (as she is already getting more than what this court has decided she is not eligible for maintenance from this court) the close the issue without granting any maintenance. 

regards,

Originally posted by : chandrasekhar.7203@ gmail.com,
	To avoid such confusions, ideally only one court should be allowed to proceed for "maintenance".  Gov. has provided countless remedies for wives but multiple courts must not be proceed for same remedy at same time. ....   Dhaval,   What Subrata said is correct.  It is also duty of wife to inform the court if any court had already awarded maintenance earlier.  It is not the prerogative of husband or wife to choose.  If Wife is getting Rs.4000/- through HMA as interim maintenance and Rs.6000/- through S.125 Cr.PC., then if she has a case with DV court for maintenance she should inform the DV court that she is already getting Rs.10000/-.  If DV court decides that she should get Rs.8000 pm maintenance, as she is already getting more, the judge would say the same (as she is already getting more than what this court has decided she is not eligible for maintenance from this court) the close the issue without granting any maintenance.    regards,

I really wonder. Maintenance must not be granted from multiple courts in the first place.  The reason is if one court has already granted maintenance, and second court allows proceeding,  first court decision is wrong or nullified immediately.  Decision (maintenance) of multiple courts must not be *MERGED* to decide final amount wife can get or husband has to pay. 

Can there be two courts proceed case of a murder same time and decide different punishment and both punishment executed ?.  Is it possible that a criminal  spending of 10 years in jail because first court ordered 2 years and second court ordered 8 years for same crime?.

Hi, please note, it is upto the Court wether to pass and order (Final) or Interim with regards to the Additional Maintainance that you are seeking u/s 125. Also, kindly note, when the matter comes up fwhich Maintainenance to select if passed for both by the Family court then its your discretion to do so.

yes u can file it