Legal Question in Family Law in India
i have given an undertaking in court of chief judicial magistrate that i am ready to pay final monthly maintenance allowance of rs 20,000/- to wife under section 125 crpc on the condition that petition of wife under section 125 crpc may be finally disposed off without following procedure of trial as case is lingering on for years and evidence has not started till date. i have already got divorce in lower court and another petition of wife under domestic violence act is pending before same chief judicial magistrate before whom section 125 crpc is pending
kindly advise whether i can request magistrate to also dispose off domestic violence petition in which evidence has not started till date by dismissing permanent maintenance allowance to wife as already i have given undertaking to pay monthly rs 20,000 to wife under section 125 crpc because there will be no use to grant maintenance under dv act when final order of maintenance can be passed under section 125 crpc based on my undertaking
i want to inform that already interim maintenance petition under dv act has been dismissed and interim maintenance of rs 5500 is being paid to wife under section 125 crpc and recently interim maintenance of rs 20,000 to wife is being paid under section 24 of hma under divorce appeal case filed by wife in high court.
1 Answer from Attorneys
better to visit alongwith all documents.
Coz may be we save your 20k also.
Regards