Legal Question in Family Law in India
Entertainment of Maintenance Application u/s 127 Cr.P.C.
My wife had filed a Cr. Misc Application u/s 125 Cr.P.C for maintenance in which a final order of Rs. 500/- p.m was passed by the court. Thereafter she filed an application u/s 18 of hindu adoption & maintenance act in which considering the amount passed u/s 125 Cr.P.C an interim order of further Rs. 500/- p.m. ( total Rs. 1000/- p.m.) Was passed by the Civil Judge (Sr.Div) and the case is still pending in the court of Civil Judge (Sr. Divn). Now since the max. limit of Rs. 500/- u/s 125 Cr.P.C has been removed, She has again filed a Cr. Misc Appn u/s 127 Cr.P.C for enhancement. Can the courts entertain such application when a maintenance application u/s 18 of Hindu adoption & maintenance application is already pending in the civil court of Sr. Divn? Can this application of enhancement be dismissed on the above grounds in JMFC? Please advice how to face it. Furthermore my wife had also filed a police complaint under I. P. C. 498(A), 406, 420, 114, 323, 504 & 506(2) and u/s 3 & 7 of dowry prohibition act in which myself & my family have been recently acquitted by the court.
3 Answers from Attorneys
Re: Entertainment of Maintenance Application u/s 127 Cr.P.C.
You should be opposing the order under Hindu Marriage and Adoption Act as s. 125 of Cr.P.C has an over-riding effect on personal laws.
Re: Entertainment of Maintenance Application u/s 127 Cr.P.C.
As per the limited factsas naratted by you in brief, You have no option but to to defend yourself as regards the charges in which you are implicated. Only after perusing your papers properly and the stage at which your case is presently conducted, I shall be able to advise further.
Re: Entertainment of Maintenance Application u/s 127 Cr.P.C.
dear sir ,
donot mix both the proceedings as one.both the proceedings are different in nature.there is no bar in filing petition u/s 127cr.p.c.you may bring to the notice of the court about the order passed u/s 18.you are advied to contest the case and prove your libilities and also that wife is not entitled to sad maintance.if the order passed by court is not appropriate you can challenge the same in higher court.you and your family members can fie criminal case fo defemation after their acqital in criminal case and can also file suit for damages aganst wife.
thanks.
siddharth
9873343288
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