Advice Required for DV act Case - Maintenance

In domestic violence case Maintanence is governered under the same rules of CRPC 125 .so as the judge has already passed maintanence in 125 you dont have to bother since neither can she claim maintanence from your parents .As the RTC if in your fathers name she cant claim anything . Have you conveyed to the judge the order that maintanence is awarded in CRPC 125 . She cannot claim multiple maintanence .

There is a Delhi HC judgement also in this regard.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dear Shooneeji & stanleyji,

Are you sure that multiple maintenance cannot  be awarded to wife??

because i have been ordered to pay Rs.5000/- per month as interim maintenance  in DV case and Rs. 1500/- in as interim maintenance in 125Crpc?

You can get one adjusted against the other.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dear Shooneyji,

Can you share that Delhi HC judgement? 

Dear Sir,

Plz share any judgement where multiple maintenance has been denied?

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 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 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.

SHIV NARAYAN DHINGRA, J.
August 30, 2010
vn

Source link:
https://lobis.nic.in/dhc/SND/judgement/31-08-2010/SND30082010CRLMM1302010.pdf

Dear Sir,

Thanks for the judgement. Thanks again!

Dear Shoneeji & Stanley,

Just to tell my story in brief:

A) Crpc 125 was filed.

B) After 6 months of filing Crpc 125, DV was filed against me and my entire family wherein judge has ordered Rs. 5000/- as interim maintenance per month.

C) i went to HC for stay and was successful but judge asked me to pay interim maintenance of 50,000/-, which i paid to my estranged wife.  

D) Since mediation failed in HC mediation center,  HC judge disposed off my case to lower court.

D) After 1 year of filing Crpc 125 judge ordered Rs. 1500/- as interim maintenance per month.

E) I applied for revision of Crpc 125 order of Rs1500/ in session court. 

F) After 8 months of filing Crpc 125 revision session  judge has given the decision in my favour i.e. stayed order of Rs. 1500/-  and sent the case back to lower court. 

G) Estranged wife has filed for recovery of interim maintenance in DV case as per interim order @Rs.5000/- per month i.e. some Rs. 80,000 in lower court.

Now my query is as per stanleyji and shooneji multiple maintenance is not allowed.

a) What should i do now?

b) how to stop recovery of maintenance in DV case?

Plz advice.

1. There is no multiple maintenance in your case as of now. Only one maintenance allowance.

2. Multiple maintenance is not barred. It is only that maintenance amount in two orders can be offset against each other.

Your execution in DV case stands, as the same order has not been stayed.

Dear Advisors,

Please provide me with some information, 

How should I defend myself from these cases, some legal points.

with regards

Sagar