The petitioner challenged a maintenance petition filed by his wife under Section 125 Cr.P.C. shortly after she filed a Domestic Violence case. The Court held that filing one does not bar the other and dismissed the criminal petition.
The Criminal Petition was dismissed, allowing the underlying maintenance proceedings to continue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA
CRIMINAL PETITION No.10059 of 2009
ORDER:
Grievance of the petitioner who is husband of the 2nd respondent is that the 2nd respondent filed M.C.No.9 of 2009 in the lower Court claiming maintenance to herself and to her minor children and at the same time, she also filed D.V.C.No.8 of 2009 for similar relief on similar grounds. Filing of Domestic Violence Case will not operate as a bar for the wife to file another maintenance case under Section 125 Cr.P.C. In fact, she can also approach a civil Court under the Hindu law for granting maintenance and other reliefs. One proceeding cannot debar this 2nd respondent from taking up the other proceedings which are open to her under law. It is only at the time of granting relief that Court has to take note of any other orders passed by any other Court on the same subject matter. There are no grounds to quash proceedings in M.C.No.9 of 2009 in the lower Court.
2. Accordingly, the Criminal Petition is dismissed.
______________________________ JUSTICE SAMUDRALA GOVINDARAJULU
Dt:01.11.2011 ysk
THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No.10059 of 2009
Dt:01.11.2011
ysk
2 issues framed by the court
whether filing of a Domestic Violence petition bars a wife from filing a separate maintenance petition under Section 125 Cr.P.C.
whether multiple proceedings for maintenance on the same grounds are barred by law.
1 provisions across 1 enactments
HUSBAND OF 2ND RESPONDENT
WIFE OF PETITIONER
MINOR CHILDREN
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
