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Are Multiple Maintenance appeals valid


23-May-2023 (In Family Law)
My wife filed for Interim Maintenance under sec 12 DV act demanding Rs 50K. A few months after filing this she filed for Interim Maintenance in HMA 24 demanding Rs 40K. In HMA 24 witnesses were summoned and her true monthly income came out to be 1L + per month. The child is in my custody and all the expenses are borne by me. After the evidence in the court she has been avoiding HMA24 case and has been taking adjournements but is now trying to pursue the IM case under DV act where arguements are yet to start for Maintenance. My question can she run multiple cases simultaneously for the same relief in 2 different courts. I pointed this out to the MM in DV case saying that since Family court is already seized of the matter and all evidence has been recorded and she is avoiding going to that court the proceedings in this case should be stopped. But this was dis allowed. Is my point valid. Can I appeal against this..
Answers (2)

Answer #1
725 votes
hi Kapil, Yes different maintainance Application is maintainable in different Court. You lawyer should know how to defer the Application and avoid paying maintainance to your wife as the child is in your custody her changes to getting high amount of maintainance is less. If your lawyer is not able to put this across the Court, you should change your lawyer
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Answer #2
729 votes
Hi, You have to get the certified copy wherein it is proved that your wife is earning more than 1L+ before the MM. Further, you can also proceed under 340 CrPC against your wife for falsely deposing before the court. For more information feel free to have a word with us, all the very best.
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