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Discussion > Family Law > Maintenance in dv & 125 crpc both   Unanswered Threads Post New Topic

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There are 4 Replies to this message


Want to Live


NA
[ Scorecard : 239]
Posted On 20 April 2013 at 13:22 Report Abuse

Hi ,

Please help me understanding the below mentioned point,

under sec 20 of  DV act:-

(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

Many people told me in this forum that multiple maintenence not allowed.

 

Regards



Online certification courses IP, IT and Investment Law


Tajobsindia


Senior Partner
[ Scorecard : 19570]
Posted On 20 April 2013 at 14:51 Report Abuse

1.    Multiple maintenance cases can run as per respective strength (intent and object of Scheme of Act or Code as the case may be is what it means here) in respective Courts (Civl or Criminal matter seized Court is what it means here).  

2.    Now if one gets relief or not by filing multiple maintenance cases in various nature of Courts (Family Court which has jurisdiction under S. 125 CrPC and S. 24 HMA vs. Magistrate or Mahila Court which has jurisdiction under S. 125 CrPC where no Family Court formed and under DV Act is what I mean here) is too subjective to put in paras here.

3.    Further if under circumstances of multiple maintenance cases if under one maintenance case a Court has allowed grant of relief of maintenance first then same should be brought to the notice of another Court.

4.    Still further if under circumstances of multiple maintenance cases if a Civil Court has granted relief of maintenance then Criminal Court (quasi criminal maintenance case run criminal Courts is meaning here) is assumed to abide by Civil Court Order but in many occasions it is seen that inspite of Civil Maintenance Order coming first criminal Court has alsogranted relief higher than a civil Order. In such case there is a legal concept called set-off means which ever is higher after calculation of arrears from past till date of payment that is met by the debtor as the case may be and inform the lower Order court accordingly.
Illustration:
A metro wife files S. 125 CrPC as well as S. 24 HMA and both are being serviced at Family Court and S. 24 HMA award to her is say 3 K so immediately same to be brought to notice in case under S. 125 CrPC and suppose in S. 125 CrPC she gets award of 4 K then the respondent is supposed to pay in S. 125 CrPC case 4 K and inform and get allowed set-off in S. 24 HMA case so that later no arrears in S. 24 HMA reflects un-necessarily.
Flip above and same should be process act by respondent in vice-versa award.
Twit all above and in a case where S. 125 CrPC is run in a Family Court and DV Application under your quoted reference is running in a Magistrate Court and suppose she is awarded first under S. 125 CrPC say 3 K then same process of informing Magistrate Court is done and suppose she gets higher in Magistrate court then same set-off application in S. 125 CrPC seized matter Court is allowed.
Flip above and same should be process act by respondent in vice-versa award.

5.    To sum-up there is no Rule that multiple maintenance cases cannot run in various or same nature of Court (here for illustration many Family Courts have admitted S. 24 HMA as well as S. 125 CrPC as object and intent are different under The Act / The Code but common jointer here nature of Court i.e. Family Court). I repeat it (multiple maintenance applications) can run and post relief if any respectively or in all such cases of same parties or in the one which showed first relief signs what action respondent takes is summarized in above paras to remove in reference to query confusions of interpretation of quoted para.  



Manoj Kumar Jain


abc
[ Scorecard : 411]
Posted On 20 April 2013 at 16:22 Report Abuse

Wife can not get multiple maintennace from various forum. My wife was also filed under DV Act and S24 HMA. DVA granted and later S24 HMA rejected. Put up your argument strongly through lawyer. Best of Luck



Want to Live


NA
[ Scorecard : 239]
Posted On 20 April 2013 at 16:43 Report Abuse

Thanks 

In my case, I am already paying rs 8000 u/s 125 crpc (final order), now she is asking maintenance in DV act also.

 

Regards



DV victimmmm



[ Scorecard : 369]
Posted On 20 April 2013 at 19:37 Report Abuse

@want to Live ,

There is a citation  available  from Hon. Delhi High court where the wife was rejected maintenance in DV case as she already got it under crpc 125.But the problem is that exactly opposite citation is also available from Bombay high court whch says that wife can ask for maitenance through DV act even if same has been granted in crpc 125 case.I have attached the delhi high court citaion here for your reference.I hope you can use it in your DV case. All the best




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