Appeal
Querist :
Anonymous
(Querist) 26 January 2011
This query is : Resolved
Hello Experts,
My wife has initiated proceedings against me under sec 13 and 24 of HMA and under sec 12,18...22 of PWDVA 2005.
Now I and my wife,after marriage, have always lived in Pune. She has filed these cases in MP as counter blast to my divorce petition. She has also gone to SC for Transferring my divorce petition to MP.
In the mean time, under DV, the JMFC has passed an IO that I should be paying her 4500 pm. I had challenged the jurisdiction of the court and also prayed that as the petition had no details of the allegation amd in any case there was no Domestic relationship at the time of filing the petition, therefore the matter may be dismissed.
Now I want to invoke the special powers of the HC under sec 482 of CrPC.
Please tell me if this will be an Appeal or will it be a Writ to the HC?
Can some expert be kind enough to give me a sample copy of the draft.
Additionally her lawyer is also seeking IO [Alimony Penedte lite]on same grounds [exactly the same]Can I frustrate this attempt on the plea of Res judicata as an IO has already been awarded? Their plea is the larger amount of the two awards would prevail. as far as my understanding goes it is only in the final order that the larger amount is considered and the award under DV is to be considered as a part of the whole. Please correct me if my understanding is wrong.
If you people can be kind enough to give me some guidance and case laws for jurisdiction in DV case as well as on the issue of maintenance.
Thanking you all in advance
SM
Devajyoti Barman
(Expert) 26 January 2011
That the petition for quashing u/s 482 crpc is called Revisional Application. The High Courts are now divergent in its views as to whether the parties should stay toether when the cause of action first arises.
Yes the wife can explore several recourses simultaneously to claim maintenance snd unless the Magistrate in the DV proceeding so directs the amount in different proceeding does not get adjusted.
Querist :
Anonymous
(Querist) 27 January 2011
Mr Burman, this is interesting are you saying that the wife can claim and get Interim maintenance under various proceedings that she chooses to initiate ???
I've been advised not to go for a Revision petition it is too risky as the interim amount could be increased. I am told to try a regular Appeal under sec 482 of Cr.PC. But I have no idea how to do that.
Can somebody give me a direction and format f petition to be made so that i can proceed further.
Thanks
