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ruchikaz (hr)     08 October 2014

Crpc 125

Hello

i have put a DV ACT against my husband and inlaws and got ex-parte orders as they didnot attend the hearings.

Should i put crpc 125  also if he doest provide me maintenance under DV ACT ?? WILL crpc 125 be of any benefit ?



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 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2014

yes, you can file the maintenance petition before family court u/s 125 of Cr.P.C.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 October 2014

Even if they pay you maintenance, still you could file 125 because its independent of DV act. Adv kapil chandna, 9899011450

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 October 2014

Rather than putting new cases, won't it be more prudent to see, how you get the ex-parte enforced.

ruchikaz (hr)     09 October 2014

Thanks for the advise.

As i have gt ex-parte orders but my husband still doesn't pay ??what should i do in that case ??

AND my husband has recently bought a property in his name after marriage dispute and he agreed in the reply.Can i ask for share of property ??

How can i get seal orders of the recent purchased property from the court because i donot know where did he purchase ?? 

ruchikaz (hr)     09 October 2014

What will happen in the case if he sells the recent purchased property or transfers on parent's name as he had also admitted in the reply ??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 October 2014

So basically, your problem can be solved by executing the maintenance order rather than filing one case after another and looking for part in properties. It is like going ahead with mindless cooking where you can not savour the prepared food.:-)

 

If you have one maintenance order, that is sufficient. File for execution of that order and get the property attached. You may not get the property. but you would definitely get your maintenance.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

ruchikaz (hr)     10 October 2014

Thanks so much sir for the wonderful advise :)

But the confusing part is i donot have a proof of the recent purchased property .I came to know from someone that my husband has purchased and my husband has agreed about the property in his name in the reply  other case but i do not know where did he purchase .

And in DV CASE they didnot show up till now.So is that reply enough to get the property attached in the maintenance order or court will ask about more details ?? 

ruchikaz (hr)     13 October 2014

Advise ON thisssssssssssss

T. Kalaiselvan, Advocate (Advocate)     25 October 2014

You do not have to have the proof of the properties he purchased, file an execution petition to execute the court exparte order of maintenance.  You cannot has a share on the property but can claim residential rights in his house property, and if that is the only property on his name, you can file an injunction application restraining him from alienating the property without providing you protection for residence.  


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