Multiple interim maintenance cases
5 years ago
After 6 months of marriage, my daughter-in-law left the matrimonial house and filed a dv case in 2015 at Maharashtra in which interim maintenance order was passed in 2016 under which we have since paid about 2 lacs followed by our application for modification/review of interim as she was working along with the proofs.Also towards end of 2016, we filed a divorce case.However in June,2018 my son himself could cross-examine her for 1 session only, in dv case, after which she never attended court for 5 consecutive court hearings, with her lawyer who submitted medical certificate for not attending. It has transpired that she is planning to file crpc125 case in different State where her parents reside, just to harass us in another case.
My concern is:
1.)Can she file another case in different state under crpc 125 while the DV case (u/s 12,18,20,21,22) and divorce case are in progress in Maharashtra?
2.) Is it permissible under law or is it an abusive of due process of law?
3.)What would you advise if she files it?
Rgds
Ref your question No 1... The answer is NO
Ref your question No 2....It is abusive of due process of law.
Ref your question No 3... let the time come, will let you know what to do.
hand over the case to a competent Advocate.
You can have a telephonic consultation through vidhikarya.com and will tell you what to do next.
Shanti Ranjan Behera
Advocate
you have to get a stay on such application showing earlier proceedings
Rameshwar Dadhe
Responded 5 years ago
Rameshwar Dadhe
Responded 5 years ago