Legal Question in Family Law in India
I have filed a domestic violence case against my husband and claimed maintenance under the same. If I file maintenance case also and lets say decision for maintenance comes under one of the case , then will the other case automatically be dismissed ????
2 Answers from Attorneys
no, the other would not be dismissed and the maintenance which ever is higher, would be granted. suppose in one case, you get 10000 as maintenance per month and in another 15000, you may tell the other court that you getting higher maintenance from other court and even the court that granted you less maintenance is duty bound to grant you the highest one.
Both the cases may be clubbed together by the court. In case the proceedings under DVA may be initiated by filing a misc application in any other main proceeding.
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