Maitenance under two acts
V K Dalal
(Querist) 24 November 2011
This query is : Resolved
Dear Sirs,
Is it possible for a woman to get Welfare and Maintenance relief simultaneously under two acts who is under the influence of her family member i.e. Domestic Violence Act and Sr. Citizen Welfare Act.
If the concern woman has filed suits under two different acts, can one of the suits be naturally dropped by the concern courts if the fact is informed? She has already been given an interim relief under Domestic Violence act. for welfare and maintenance. Subsequently, she submitted another application in the local administrative court (SDM) under The Welfare and Maintenance of Parents and Sr. Citizen Act - 2005.
If yes, under what act (sec./sub-sec)?
Can one of the suit nullify another, if the respondents submit the copy of proceedings in the other court and vice a vars. Would it not reflect the malafied intentions of the applicant and her agents who are submitting affidavits just for the purpose of eviction of the respondents.
In both the cases, only eviction of the respondents has reflected out as the principal purpose of the suits through the affidavits and during cross arguments. Both the Judges have individually indicated that the eviction does not fall under these two acts.
Now, what should be my legal strategy to prove our innocence and be tension free from these judicial proceedings, which have turned out to be total nonproductive activity for my family’s peace and my career. As a result, my family priorities are jeopardized badly.
Thanking you in anticipation.
vkdalal
7737637470
R.Ramachandran
(Expert) 24 November 2011
The above post does not reveal any real facts, but poses questions based on some abstract subject. It is not possible to give any view on such query lacking in material particulars.
Shonee Kapoor
(Expert) 24 November 2011
There is no absolute bar on getting maintenance from two sections.
Mostly maintenance awarded in two sections are off-set on the application for the same if the court is satisfied.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 24 November 2011
i do agree with both experts different views
prabhakar singh
(Expert) 24 November 2011
At a glance I was surprised by Mr.sankar narayanan's answer but after reading the whole story gone i should second his answer.
V K Dalal
(Querist) 24 November 2011
Res. Experts,
May be, few micro level facts could not be understood through my expression.
My logical query is, can one get through identical medi-claims from two different insurance companies?
Can two different courts give separate verdicts for a identical cause, and as result, consequently treated as cumulative?
Devajyoti Barman
(Expert) 24 November 2011
Yes as happens in maintenance cases unless any law governing it bars such clubbing.
Raj Kumar Makkad
(Expert) 24 November 2011
As cost of life or health cannot be measured in terms of money so a claimant is entitled to claim medi-claim from two different insurance companies if he had paid insurance from these two simultaneously.
Two different court on two identical questions have also given different verdicts which has created confusion in the minds of litigants. Generally seen such matters are then referred to larger benches and their verdict remain operative.
V K Dalal
(Querist) 24 November 2011
Mr RK Makkad,
Thanks for giving supportive attention.
Your logic appears to be more practical.
For your information and correction, there is one applicant filing two suits, one in the Judicial Court and another in District level Administrative Appellate (SDM) for the same cause against multiple respondents. Here, the applicant who is 76 years old with chronic ailments, and is under great influence of one or two of her relations who are only trying to get all the property belonging to the applicant.
Raj Kumar Makkad
(Expert) 25 November 2011
Such senior citizen is required to be paid special attention and his approach cannot be treated as wrong. Both the authorities have different ways of work so there is no legal hurdle to keep the matter as is going on.
V K Dalal
(Querist) 20 July 2012
Under the Maintenance act, SDM, Teh. Girva (Dist Udaipur, Rajasthan) has abruptly and silently given a judgement without any knowledge to me or my legal representative, which reflect some kind of influencing method or pressure or haste.
It is very easy to punish any respondents, but it would be most difficult process and endeavor to evaluate and research innocence of any respondent for justice.
Judgement was given on 11.06.2012.
We could get the information only on 17.07.2012. To my surprise, as per the record in the office of SDM, two sets of certified copies were collected by the applicants lawyer and one of the witness applicants daughter)
I submitted details of applicant income and income and current liquidity status on 03.02.2012 along with a list of children equally responsible for the cause of maintenance of the applicant.
I was told by the SDM on 03.02.20122, its a small matter and we will inform you about the status the case. But to my surprise,in-spit of our continuous follow up, we were only informed that the case is pending and the file is in possession of SDM only and for five months we could get any information about next date of any proceedings. When I checked 17.07.2012 I observed that for five months SDM office marked me absent and subsequently passed a judgment that myself and my wife together have to pay Rs 5000/- to my mother along with all other expenses toward her routine medical and running expenses. Looking at the file documents, it is clearly reflected that all the proceeding dates were stamped at a time and the judgement was passed under some influence, without any information to me and my legal representative. We have not been give any opportunity to represent our side as respondents.
I have following queries:
1. The Act does not allow representation by legal practitioner(sec 17).
2.I submitted about 20 documents toward our innocence and expressed responsibility of other children towards the maintenance of my mother who have taken away all the assets of our parents. (Sec 23)
3. Act does not allow daughter-in-law to be responsible towards any type of maintenance expenses.
4.Applicant (78 years ailing mother) has four more children and two grand children, all of them are well settled.
5. I am unemployed for last three years and my wife is a house wife.Our monthly income is only Rs 3255/-. For our lively hood we are dependent on our daughters.
6.I took a great pain to collect the evidence of my mothers deposits and her current liquidity level to prove that she is self sufficient toward here own expenses. I also submitted necessary documents that her assets has been in the legal control of two of her children only.
7. During proceedings my mother has indicated that her monthly income is about Rs 7000/-, and she frequently travels by different airlines.
8. I have submitted necessary documentary evidences that two of the children have been misappropriating with her assets for last many years.
9. Is it lawfully permissible that, witnesses who are the ultimate beneficiaries can be allowed as legal evidence and record during proceedings.
10. How is it possible to pass any judgment on the basis of written and spoken narrations without and material facts as evidences.
11. I also submitted details of melafide intentions of two of the children who have been harnessing my family for last three years under different acts through different administrative and judicial systems by submitting false and fabricated complaints with the help of their legal adviser, that in the name of social defame and fright, we might evict our present residence also which I have arranged to build in my mothers name and as a consequence they might take the possession of the same.
THERE IS, ONLY AND ONLY ALL AROUND INFLUENCING METHODOLOGY TO DEFEAT MY FAMILY THAT WE ARE COMPLETELY DISINTEGRATED. AFTER MY EDUCATION, FOR LAST 28 YEARS, I HAVE BEEN GENEROUSLY SUPPORTING THE ENTIRE FAMILY WITH A INTENTION OF UPLIFTING THE STATUS AND PROSPERITY OF THE FAMILY. BUT, TODAY I FIND THAT WHAT EVER I HAVE EXTENDED
HAS BEEN FORGOTTEN AND RIGOROUS ATTEMPTS ARE BEING MADE TO PUT ME ON THE ROAD.
I WILL SUBMIT OTHER DETAILS ONCE I GET THE SCANNED SOFT COPIES.
Regards
V K Dalal
(Querist) 20 July 2012
03.02.2012
Udaipur
Welfare & Maintenance Act-2007, Case No. 9-10/2011
To,
The Sub Divisional Magistrate (Div : Girva),
Dist : Udaipur-313003, Rajasthan, India
SUB : Income and Investment Details of my mother Smt. Pushpa Devi Dalal
Honorable SDM Saheb,
1. We extended our representation on 08.11.2011 with necessary documents.
2. Investigation Report by, Revenue Department, may please be reviewed.
3. Police Investigation Reports have clearly revealed false reports submitted by Dr. Sanjay against my family. Three such reports are submitted here with.
4. My mother has been infused with a myth that any children having daughters only can not be heir to the parental property, as they can not continue the “vansh”. Thus she does not want to give any parental property to my family.
5. My family has been put under mental pressure and torture through false and fabricated allegations under administrative and judicial regulations.
6. My mother has not pleaded for any maintenance from us under the proceeding. Thus, any type of monetary maintenance is not justified.
7. She has been giving away her property and money to other children, and presently they are capable enough and well-off, thus, the responsibilities of maintenance should be taken over by them now. Moreover, two children have already acquired parental property and are holding the controls on my mother’s banking instruments and other investments. Details of all the children have been submitted earlier.
8. My present family income is only about Rs 3255/- Necessary details are submitted here with. My daughters are extending all possible support to us.
9. My mother has concealed her present income and investments.
10. Present disputed house has Rs 100/- lacs of market value.
11. My mother enjoys excellent financial status. My father sold three assets while he was still surviving; my parents invested about Rs 50 /- lacs out of the funds so received. During 2005, she invested about Rs 17/- lacs under different schemes with Post Offices. Rest of the funds were invested else where in different bank branches and in private hands.
12. She has DMAT account with ICICI Bank. Document is submitted here with.
13. My mother enjoys jewelry which has market value of about Rs 30/- lacs. For all practical purpose, my mother’s jewelry is controlled by the witnesses.
14. My mother has savings account, locker and fix deposit in Union Bank of India, Town Hall Branch, Udaipur, and are operated by the witnesses. Detailed report from the bank branch is submitted here with. As per the bank report, Rs 14/- lacs investment is clearly indicated during 2005-07. Other investments are better known to the witnesses only.
15. My mother has revealed only Rs 6000/- pm earning during the proceeding. Which has to be much higher as apparent through the available details?
16. My mother has frequently traveled by airlines during last eight year.
17. Presently, as part of my mother’s liquidity, her investment with Union Bank of India, Town Hall Branch, Udaipur, is about Rs 14/- lacs. In all such investments, witnesses are either second holders or as nominees. Details can be available through your administrative position from the bank branch.
18. My mother invested Rs 2.8/- lacs with Fatehpura Post Office, where Ms. Urmila is a nominee. Related document submitted here with.
19. Considering other children, Interim Judgment was delivered on 09.06.2011, by the Honorable ACJM to extend Rs 1000/- as maintenance to my mother.
20. My mother donated Rs 1.5 lacs during 2008 to a Jain Temple. Two such documents are presented here with.
21. My mother has gifted most of her stock shares to Mr Nikhil s/o Ms Urmila, without executing any gift deed. Same was admitted by all concerned during the proceeding also. Details are submitted here with.
22. After the death of my father, my mother organized execution of a Release-Deed on 09.10.2006 in the name of Ms. Urmila for Sobhagpura plot, which was in the name of my father. Necessary document was submitted earlier.
23. Out of sympathy, my father personally supervised and financially supported Ms. Urmila to build her present bungalow at 83-Mahaveer Colony, Udaipur.
24. On 15th/18th Jan’2012, my mother traveled extensively to perform eight days marriage rituals of Mr. Abhshek and Mr. Nikhil (s/o Ms Urmila). She incurred substantial expenditure towards the marriage rituals also.
25. My mother is incurring considerable expenses against professional fee.
26. Affidavit submitted earlier by Mr Ashok Surana requires your close review.
27. During 2004-11, Dr. Sanjay purchased many flats at Bhayander (E), Dist Thane. Where they reside and running their own private hospital.
28. Throughout my professional career since 1979, what I contributed toward the social causes, major medical treatments and property matters might not be relevant in the present context. But, it would be important to inform your lordship that, out of sibling conspiracy, even a plot handed over to me by my father was sold off after eight years and funds realized were invested in the name of my mother and are being misused. Same is submitted here with.
29. Miscellaneous other micro/macro level family issues/events, particularly, asset sale-off by my father, as well might not be relevant for the benefit of present proceedings. Nevertheless, they are quite important otherwise, for any one to review prejudicially the total family activities.
We here by state that, all the information given above are true to the best of our knowledge and information.
Thanking you in anticipation.
Yours truly,
Signature: (Vinod Kumar Dalal) Signature : (Anjali Dalal)
V K Dalal
(Querist) 20 July 2012
Under the Maintenance act, SDM, Teh. Girva (Dist Udaipur, Rajasthan) has abruptly and silently given a judgement without any knowledge to me or my legal representative, which reflect some kind of influencing method or pressure or haste.
It is very easy to punish any respondents, but it would be most difficult process and endeavor to evaluate and research innocence of any respondent for justice.
Judgement was given on 11.06.2012.
We could get the information only on 17.07.2012. To my surprise, as per the record in the office of SDM, two sets of certified copies were collected by the applicants lawyer and one of the witness applicants daughter)
I submitted details of applicant income and income and current liquidity status on 03.02.2012 along with a list of children equally responsible for the cause of maintenance of the applicant.
I was told by the SDM on 03.02.20122, its a small matter and we will inform you about the status the case. But to my surprise,in-spit of our continuous follow up, we were only informed that the case is pending and the file is in possession of SDM only and for five months we could get any information about next date of any proceedings. When I checked 17.07.2012 I observed that for five months SDM office marked me absent and subsequently passed a judgment that myself and my wife together have to pay Rs 5000/- to my mother along with all other expenses toward her routine medical and running expenses. Looking at the file documents, it is clearly reflected that all the proceeding dates were stamped at a time and the judgement was passed under some influence, without any information to me and my legal representative. We have not been give any opportunity to represent our side as respondents.
I have following queries:
1. The Act does not allow representation by legal practitioner(sec 17).
2.I submitted about 20 documents toward our innocence and expressed responsibility of other children towards the maintenance of my mother who have taken away all the assets of our parents. (Sec 23)
3. Act does not allow daughter-in-law to be responsible towards any type of maintenance expenses.
4.Applicant (78 years ailing mother) has four more children and two grand children, all of them are well settled.
5. I am unemployed for last three years and my wife is a house wife.Our monthly income is only Rs 3255/-. For our lively hood we are dependent on our daughters.
6.I took a great pain to collect the evidence of my mothers deposits and her current liquidity level to prove that she is self sufficient toward here own expenses. I also submitted necessary documents that her assets has been in the legal control of two of her children only.
7. During proceedings my mother has indicated that her monthly income is about Rs 7000/-, and she frequently travels by different airlines.
8. I have submitted necessary documentary evidences that two of the children have been misappropriating with her assets for last many years.
9. Is it lawfully permissible that, witnesses who are the ultimate beneficiaries can be allowed as legal evidence and record during proceedings.
10. How is it possible to pass any judgment on the basis of written and spoken narrations without and material facts as evidences.
11. I also submitted details of melafide intentions of two of the children who have been harnessing my family for last three years under different acts through different administrative and judicial systems by submitting false and fabricated complaints with the help of their legal adviser, that in the name of social defame and fright, we might evict our present residence also which I have arranged to build in my mothers name and as a consequence they might take the possession of the same.
THERE IS, ONLY AND ONLY ALL AROUND INFLUENCING METHODOLOGY TO DEFEAT MY FAMILY THAT WE ARE COMPLETELY DISINTEGRATED. AFTER MY EDUCATION, FOR LAST 28 YEARS, I HAVE BEEN GENEROUSLY SUPPORTING THE ENTIRE FAMILY WITH A INTENTION OF UPLIFTING THE STATUS AND PROSPERITY OF THE FAMILY. BUT, TODAY I FIND THAT WHAT EVER I HAVE EXTENDED
HAS BEEN FORGOTTEN AND RIGOROUS ATTEMPTS ARE BEING MADE TO PUT ME ON THE ROAD.
I WILL SUBMIT OTHER DETAILS ONCE I GET THE SCANNED SOFT COPIES.
Regards
V K Dalal
(Querist) 20 July 2012
Copy of Representation submitted to The SDM
03.02.2012
Udaipur
Welfare & Maintenance Act-2007, Case No. 9-10/2011
To,
The Sub Divisional Magistrate (Div : Girva),
Dist : Udaipur-313003, Rajasthan, India
SUB : Income and Investment Details of my mother Smt. Pushpa Devi Dalal
Honorable SDM Saheb,
1. We extended our representation on 08.11.2011 with necessary documents.
2. Investigation Report by, Revenue Department, may please be reviewed.
3. Police Investigation Reports have clearly revealed false reports submitted by Dr. Sanjay against my family. Three such reports are submitted here with.
4. My mother has been infused with a myth that any children having daughters only can not be heir to the parental property, as they can not continue the “vansh”. Thus she does not want to give any parental property to my family.
5. My family has been put under mental pressure and torture through false and fabricated allegations under administrative and judicial regulations.
6. My mother has not pleaded for any maintenance from us under the proceeding. Thus, any type of monetary maintenance is not justified.
7. She has been giving away her property and money to other children, and presently they are capable enough and well-off, thus, the responsibilities of maintenance should be taken over by them now. Moreover, two children have already acquired parental property and are holding the controls on my mother’s banking instruments and other investments. Details of all the children have been submitted earlier.
8. My present family income is only about Rs 3255/- Necessary details are submitted here with. My daughters are extending all possible support to us.
9. My mother has concealed her present income and investments.
10. Present disputed house has Rs 100/- lacs of market value.
11. My mother enjoys excellent financial status. My father sold three assets while he was still surviving; my parents invested about Rs 50 /- lacs out of the funds so received. During 2005, she invested about Rs 17/- lacs under different schemes with Post Offices. Rest of the funds were invested else where in different bank branches and in private hands.
12. She has DMAT account with ICICI Bank. Document is submitted here with.
13. My mother enjoys jewelry which has market value of about Rs 30/- lacs. For all practical purpose, my mother’s jewelry is controlled by the witnesses.
14. My mother has savings account, locker and fix deposit in Union Bank of India, Town Hall Branch, Udaipur, and are operated by the witnesses. Detailed report from the bank branch is submitted here with. As per the bank report, Rs 14/- lacs investment is clearly indicated during 2005-07. Other investments are better known to the witnesses only.
15. My mother has revealed only Rs 6000/- pm earning during the proceeding. Which has to be much higher as apparent through the available details?
16. My mother has frequently traveled by airlines during last eight year.
17. Presently, as part of my mother’s liquidity, her investment with Union Bank of India, Town Hall Branch, Udaipur, is about Rs 14/- lacs. In all such investments, witnesses are either second holders or as nominees. Details can be available through your administrative position from the bank branch.
18. My mother invested Rs 2.8/- lacs with Fatehpura Post Office, where Ms. Urmila is a nominee. Related document submitted here with.
19. Considering other children, Interim Judgment was delivered on 09.06.2011, by the Honorable ACJM to extend Rs 1000/- as maintenance to my mother.
20. My mother donated Rs 1.5 lacs during 2008 to a Jain Temple. Two such documents are presented here with.
21. My mother has gifted most of her stock shares to Mr Nikhil s/o Ms Urmila, without executing any gift deed. Same was admitted by all concerned during the proceeding also. Details are submitted here with.
22. After the death of my father, my mother organized execution of a Release-Deed on 09.10.2006 in the name of Ms. Urmila for Sobhagpura plot, which was in the name of my father. Necessary document was submitted earlier.
23. Out of sympathy, my father personally supervised and financially supported Ms. Urmila to build her present bungalow at 83-Mahaveer Colony, Udaipur.
24. On 15th/18th Jan’2012, my mother traveled extensively to perform eight days marriage rituals of Mr. Abhshek and Mr. Nikhil (s/o Ms Urmila). She incurred substantial expenditure towards the marriage rituals also.
25. My mother is incurring considerable expenses against professional fee.
26. Affidavit submitted earlier by Mr Ashok Surana requires your close review.
27. During 2004-11, Dr. Sanjay purchased many flats at Bhayander (E), Dist Thane. Where they reside and running their own private hospital.
28. Throughout my professional career since 1979, what I contributed toward the social causes, major medical treatments and property matters might not be relevant in the present context. But, it would be important to inform your lordship that, out of sibling conspiracy, even a plot handed over to me by my father was sold off after eight years and funds realized were invested in the name of my mother and are being misused. Same is submitted here with.
29. Miscellaneous other micro/macro level family issues/events, particularly, asset sale-off by my father, as well might not be relevant for the benefit of present proceedings. Nevertheless, they are quite important otherwise, for any one to review prejudicially the total family activities.
We here by state that, all the information given above are true to the best of our knowledge and information.
Thanking you in anticipation.
Yours truly,
Signature: (Vinod Kumar Dalal) Signature : (Anjali Dalal)
