Quashing of multiple continuous maintenance petitions
Guest
(Querist) 23 August 2014
This query is : Resolved
Dear Experts,
Mine is RCR and in response she has filed a main 125 CRPC and after that Continuously filing Interim Maintenance Petitions in almost every hearing we are attending...(Even though NO judgement passed for the Main Petitions itself);
I have already filed for my Counter and an Additional Counter as well to counter some of her Maintenance Petitions.
But is there a way I can file a general counter or petition citing that she is just filing additional maintenance petitions just to harass me (since the earlier petitions are all still in trial).
Please advise on how to process. (as I am really tired of filing counters after counters for each and every IA maintenance they file).
Appreciate the advise truely.
Arvind Singh Chauhan
(Expert) 23 August 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: August 25, 2010 Date of Order: 30th August, 2010
+ Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010 % 30.8.2010
Rachna Kathuria ... Petitioner Through: Mr. P.Narula, Advocate
Versus
Ramesh Kathuria ... Respondent Through:Mr. S.S.Saluja, Advocate JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of local papers may be allowed to see the judgment? Yes. 2. To be referred to the reporter or not? Yes. 3. Whether judgment should be reported in Digest? Yes. JUDGMENT By this petition under Section 482 Cr.P.C. the petitioner has assailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the petitioner was dismissed.
2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and
Crl.M.C.No. 130/2010 Page 2 of 3
she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition.
3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance
Crl.M.C.No. 130/2010 Page 3 of 3
already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed.
August 30, 2010 SHIV NARAYAN DHINGRA, J. vn
ajay sethi
(Expert) 23 August 2014
request court to fix date of hearing of maintenance application filed by wife . all said application can be decided on said date after arguments
Rajendra K Goyal
(Expert) 23 August 2014
prey the court for proceeding main maintenance application.
Shonee Kapoor
(Expert) 23 August 2014
In fact, only one maintenance application can be filed in one HMA case. Rest of the applications can run seperately.
More than one applications can not be filed.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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