Anis (Asst. Manager - Sales) 26 June 2013

Urgent query in dv act case

Dear Experts,

The MM court had ordered in the Interim Maintenance application U/s.23 that I should pay interim maintenance @ Rs.4,000/- per month from the date of application and provide alternate accomodation or pay Rs.2,000/- towards the rental from the date of order. I arranged for an alternate accomodation at the same place where I stay and where her shared household was and submitted the Leave & License agreement to my wife in court and also a copy to the MM court.

In the mean time I have challenged the order in Session Court as my take home salary is just Rs.6400/- after paying my home loan EMI and out of which MM has ordered me to pay Rs.6,000/- to my wife. I have old parents whom I have to support.

Q1) My query is whether the MM can review/change his order now and under what section of DV Act. there is no change of circumstances. She only wants more money as she knows I will not be able to provide alternate accomodation near her parental house as it is expensive. So I'll have to pay Rs.2,000/- in cash to her. that is what she wants.

Q2) Since now the matter is with Sessions Court, can the MM proceed with the application.

Q3) They have also filed a recovery application for arrears. I cannot pay the maintenance amount awarded as I won't be left with anything for myself. Hence I have challenged the order in Sessions Court. I have paid Rs.7,000/- till date out of Rs.48,000/- of arrears.

Please advise as I am very tensed.

Thanks & Regards,

Anis

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7 Replies

fighting back (exec) 26 June 2013

pls check your pm

(Guest)

Originally posted by : Anis

Dear Experts,

The MM court had ordered in the Interim Maintenance application U/s.23 that I should pay interim maintenance @ Rs.4,000/- per month from the date of application and provide alternate accomodation or pay Rs.2,000/- towards the rental from the date of order. I arranged for an alternate accomodation at the same place where I stay and where her shared household was and submitted the Leave & License agreement to my wife in court and also a copy to the MM court.

You have to understand one thing, in DV case, even if u/s 23 of the act if something has been ordered under exparte orders, the same can be challenged in Sessoins Court, but there too, only if an act of Domestic Violence should have been committed or the petitioner [you] should be in a position to commit an act of Domestic Violence, then only relief will be given. In short, No domestic violence = No relief under PWDVA 2005.

Now her advocate has moved a general application in court which is not under any Section of DV Act and has prayed that my wife is not willing to stay near her shared household as she has filed 498A also and she fears for her life. Her advocate has prayed that the court should order me to arrange an alternate accomodation near her parental house.

In the mean time I have challenged the order in Session Court as my take home salary is just Rs.6400/- after paying my home loan EMI and out of which MM has ordered me to pay Rs.6,000/- to my wife. I have old parents whom I have to support.

Q1) My query is whether the MM can review/change his order now and under what section of DV Act. there is no change of circumstances. She only wants more money as she knows I will not be able to provide alternate accomodation near her parental house as it is expensive. So I'll have to pay Rs.2,000/- in cash to her. that is what she wants.

Q2) Since now the matter is with Sessions Court, can the MM proceed with the application.

Parallel proceedings not allowed. Same case cannot be tried at two different courts that too when the matter is in Sessions Court, call of LCR would have been done.

That sums up your total query.

Anis (Asst. Manager - Sales) 26 June 2013

call of LCR would have been done.

What do you mean by this.

(Guest)

Originally posted by : Anis
	call of LCR would have been done. What do you mean by this.

All lower court records will be called to Sessions Court.

Anis (Asst. Manager - Sales) 27 June 2013

So you mean that till the Sessions Court decides on my appeal which I have filed against the order, the MM court cannot proceed with the case in MM court. I will continue to pay some maintenance and also pay for the accomodation to show the Sessions court that I am compying with the order of MM court which shows I am bonafide.

Shazz (Marketing Executive) 04 July 2013

Dear Experts

I Am from a Muslim Family and have given divorce to my first wife in year 2010, as per the Muslim personal law board guidelines and made Talak agreement payed her alimoney and she has signed on the agreement that she will not file any legal case against me in future.

Now I need to known on that bases can I get the devorce decree, if yes what are the procedures. Need to remove her name from my Passport.

Please guide me. its very urgent.

(Guest)

Originally posted by : Anis
	So you mean that till the Sessions Court decides on my appeal which I have filed against the order, the MM court cannot proceed with the case in MM court. I will continue to pay some maintenance and also pay for the accomodation to show the Sessions court that I am compying with the order of MM court which shows I am bonafide.

Correct. When matter is in Higher Court ie Sessions court, parallel proceedings cannot be done in MM court.

Paying or not paying is your wish Anis.

30 days time will be there to go for appeal to sessions court.

If you go for appeal, first you should ask for set aside of such IA order, the SS court will set aside such order, then look into the matter, if you have merits then the case will be dismissed or will be sent back to MM court telling the MM to look into matter in accordance with law, hear both sides of story and pass judgement/order if any DV has been commited.

If no DV committed, then no relief.

Just my personal opinion, you should not have payed maintenance to your wife whatever it is, she has filed false DV case on you and your parents and you are feeding her???