How to file maintenance enhancement

Hi Saba,

In DV case, you have to file seperate affidavit for return of articles/jewellery etc., which belongs to you or given at the time of marriage and which are in your husband's possession.

What do you mean by you have also filed maintenance case in 2011?

-M A

vsg.ameen@gmail.com

Originally posted by : Saba
	Hi, Last week orders in Domestic Violence case were passed for maintenance of 12K. (No orders were given for residence and return of articles in husband's possession). Can I file maintenance enhancement OR wait for MC orders ??? (I have filed Maintenance case also in 2011). Please advice. Thank you.

Saba:- Even if you filed a case for maintenance ie alimony in ten different courts, you cannot get relief from all 10 courts.

Law says, relief only under one section of law you can get.  Even if you get two reliefs under two different sections of law, for example, one under  DV act, and another under 125 crpc, everything will be taken into consideration, if you have filed a false DV case, then you will not get any relief ie maintenance money for yourself, on the contrary, you will face imprisonment for a good 7 years for lying under oath in prejury case.  If DV case gets dismissed on basis of merits of the case, then your husband will get divorce definitely on basis of false case you put on him.

Then the family court will perhaps take into consideration your plea for alimony, here too, if you are working woman, you wont get a penny as alimony!

Dear SABA

There is no procedure in Domestic Violence Act to inhenced the maintenance, you can file an application before the court in which you have filed a case for maintenace u/s 125 of Cr.PC after any order passed by the court in 125 of Cr.PC case.

Nadeem Qureshi (Advocate)

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Karkardooma Court, Delhi

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