How to face multiple maintenance cases
Maintenance of Rs.500 p.m. was passed u/s 125 CrPC in Dec-2000. Thereafter in Jan-01 in Main Transfer Application in HighCourt (u/s CrPC 407) of criminal case registered u/s 498A, an appln u/s 125 for enhancement of maintenance to Rs. 2000/- was filed. High court found that the present transfer appln is admittedly a 2nd application, on the same set of facts & circumstances & for the same prayer, which was rejected earlier & hence is not maintainable. Petitioner preferred to withdraw this transfer appln, which was allowed. For maintenance application high court ordered that in view of the above order in the main transfer application, the application for enhancement of maintenance does not survive and the same is disposed of accordingly. Interim Maintenance of Rs.500/- p.m. under Hindu adoption & maintenance act was also passed after considering the maintenance amount of Rs. 500/-p.m ordered in CrPC 125. The same is still pending for further proceedings. Now I have received summon for enhancement of maintenance from JMFC u/s 127(i) of CrPC. Can this enhancement of maintenance application be dismissed on the above facts? Can I approach Highcourt to quash the enhancement appln rather than face the appln in JMFC Court? Please advice.
1 Answer from Attorneys
Re: How to face multiple maintenance cases
The present application for enhancement need not be contested as you can prefer an application U/s.482 of the Cr.P.C. for quashing of the process and also challenge the application on merits.It is better to peruse the Order in detail passed by the High Court before u proceed further.