Hi All,
In FEB 2013, wife has filed application u/s 125 of CrPC seeking monthly maintenance based upon desertion and ill-treatment. There was no application filed by her for interim maintenance for CrPC 125. The case is in argument stage and final argument is about to start. Very recently, husband received another summon from another Court in March 2015 regarding civil petition for monthly maintenance under section 18 of Hindu Adoption and Maintenance Act based upon same ground of desertion and ill-treatment. This time wife has filed application seeking interim maintenance from husband. After reading both HAMA and CrPC 125 I got confused and failed to understand what a basic difference between these two maintenance provisions is?
By looking at application filed by wife in both Courts I am not finding any difference apart from provision used i.e. HAMA and CrPC 125.
I would appreciate if you can guide me on a path forward to deal with this situation. Can husband submit objection into a later court where HAMA application has been filed informing court that same relief is prayed by wife in another court under another provision and matter is pending for final disposal? Does the later Court will reject HAMA application on this ground?
Kindly advice. Many Thanks!
