In this judgment, Hon’ble High Court of Delhi held that “The Jurisdiction for granting maintenance under Section 125 Cr.P.C. and Domestic Violence Act is parallel jurisdiction and if maintenance has been granted under Section 125 Cr.P.C. after taking into account the entire material placed before the Court and recording evidence, it is not necessary that another MM under Domestic Violence Act should again adjudicate the issue of maintenance. The law does not warrant that two parallel courts should adjudicate same issue separately. If adjudication has already been done by a Court of MM under Section 125 Cr.P.C., re-adjudication of the issue of maintenance cannot be done by a Court of MM under Domestic Violence Act.”
Renu Mittal Vs Anil Mittal and Others on 27 September, 2010
Shades of Knife
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