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cprc 125 maintenance case , dv act section 12 filled together?


16-Sep-2023 (In Family Law)
Hello, My wife filled dv and Crpc maintenance 125 together and now they running in same court together. My question is can i do something to stop any of the cases or i have to defend both the cases even though they provide same thing? Can i stop anyone case proceeding?
Answers (3)

Answer #1
600 votes
hi in this case you have to approach to the high court for quashing of DV case as per the provisions she has right to file these cases simultaneously but whichever is disposed earlier will be in force and other will be nullified
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Advocate Rohit Shaligram

Adv. Rohit Shaligram

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Answer #2
633 votes
Both the proceedings are tried as per different acts. Proceedings cannot be get stopped. Only any interim order passed in one application cannot be get repeated with other one. Court is not going to any same order.
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Advocate Manoj Mulchandani

Adv. Manoj Mulchandani

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Answer #3
966 votes
both the cases are different... 125 CrPC is purely a maintenance case whereas DV is a sort of criminal case which results in imposing of fine on respondents at the end or dismissing of complaint. A section of DV allows for maintenance to the complainant. Interim maintenance can be granted in both the cases and both the orders are binding upon respondent. None of the proceedings can be stopped but the interim maintenance orders in both the cases can be clubbed by the orders of high court.
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Advocate Mohd Atik Iqbal

Adv. Mohd Atik Iqbal

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