Wife asking for relief through dv and crpc 125
DV victimmmm
(Querist) 30 November 2012
This query is : Resolved
Dear experts,
My wife had filed DV case against me in Nov 2011.The Hon court rejected her inetrim maintenace application (according to section 23 of the act) in Jan 2012 and she did not receive single rupee as maintenance.she filed revision case in session court for the same and same is still going on. In DV case, the evidence stage is completed for both the sides.
Now she has filed a crpc 125 case in family court for maintenance.The amount for maintenace and the case details are exactly same as that of DV case.My question is that is this case maintainable? Are there any citaions availabe to quash the crpc 125 case.Thanks in advance for your valuable suggestions.
ajay sethi
(Expert) 30 November 2012
sshe is at liberty to file for application for maintenance under section 125 . you have to draw attention of the court hat her application for interim maintenance was rejected in DV case . it must have mentioned grounds for rejecting her application for maintenance
DV victimmmm
(Querist) 30 November 2012
Thanks a lot Sethi sir.
Yes the order by the JMFC court where DV case is running has detailed explaination why the interim maintenance was rejected.
If the wife has liberty to ask for maintenance through crpc 125, do I have to proove my side again in front of the family court now?
ajay sethi
(Expert) 30 November 2012
rely upon grounds mentoned in DV judgement . i presume your wife is able to maintain herself , show her income proof .
Devajyoti Barman
(Expert) 30 November 2012
The DV Act is in furtherance but not in derogation of any other provision of law.
In other words, your wife can always apply for maintenance u/s 125 crpc after DV case and any amount granted there would be in addition to what she has been getting under DV Act.
DV victimmmm
(Querist) 30 November 2012
Ok, but the revison case for interim is also running in the session court, is it permitted to run different cases for same relief at once? what I understand from your post and other resource availabe on this site is that she can ask for maintenace once again through crpc 125 case provided she did not get it through DV case. Please correct me if I am wrong.
About the order of the DV case:
Actually most of her allegations were proved to be false based on the proofs submitted by me.here are the points mentioned in the order of the JMFC court:
1. she alleaged that she was not allowed to go out of the matrimonial house during 3yrs of marriage. I submitted the certificate of differnt coaching classes that she attended after marriage(she admitted to this during her cross examination as well).
2.she alleaged that she was not given any medical treatment during ehr pregnancy. I submitted all the medical records of the pregnacy till the birth of the child. all the records are from the place where we lived after marriage.
2. she alleaged that she never came back to her matrimonial house after birth of our child. I again submiited medical records for vaccination and other treatment of my child. Again, all the records are from the city wher we lived after marriage.
3. she has alleaged that i tried to kill her.there is no police complaint and no date or time of the incident.
she has not prooved a single alleagtion till date , in fact during cross examination she has prooved her own allegations as false.
ajay sethi
(Expert) 30 November 2012
the issue is whether your wife is working or not . ? if she is working she is not enttiled to maintenance . the said order does not mention any thing about her employement or her qulaifcations .
DV victimmmm
(Querist) 30 November 2012
Ok, but the revison case for interim is also running in the session court, is it permitted to run different cases for same relief at once? what I understand from your post and other resource availabe on this site is that she can ask for maintenace once again through crpc 125 case provided she did not get it through DV case. Please correct me if I am wrong.
About the order of the DV case:
Actually most of her allegations were proved to be false based on the proofs submitted by me.here are the points mentioned in the order of the JMFC court:
1. she alleaged that she was not allowed to go out of the matrimonial house during 3yrs of marriage. I submitted the certificate of differnt coaching classes that she attended after marriage(she admitted to this during her cross examination as well).
2.she alleaged that she was not given any medical treatment during ehr pregnancy. I submitted all the medical records of the pregnacy till the birth of the child. all the records are from the place where we lived after marriage.
2. she alleaged that she never came back to her matrimonial house after birth of our child. I again submiited medical records for vaccination and other treatment of my child. Again, all the records are from the city wher we lived after marriage.
3. she has alleaged that i tried to kill her.there is no police complaint and no date or time of the incident.
she has not prooved a single alleagtion till date , in fact during cross examination she has prooved her own allegations as false.
DV victimmmm
(Querist) 30 November 2012
she has done MA in English, she is working with a privae school and takes private tutions also.But the privae schools do not give details about employment throug RTI applications. Is there any legal way way to proove employment in privae institutions?
DV victimmmm
(Querist) 30 November 2012
could somebody please calrify me if the crpc 125 is maintaianable when the revision case for interim maintenance is going on in session court and DV case is still not finished.Thanks
V R SHROFF
(Expert) 30 November 2012
HUSSY HV TO PROVE BEYOND DOUBT, SHE EARN AT PRESENT.
CAPACITY TO EARN ; NO EXCUSE
HOW?? NOTHING AVLB READY MADE: WORK HARD TO GET EVIDENCE. Prove what time what she doing? for what?? teaches particular students for years, hv proof.
Raj Kumar Makkad
(Expert) 01 December 2012
Even if revision under DV Act case is pending before Sessions Judge, the separate proceeding under section 125 Criminal Procedure Code is maintainable during that period.
DV victimmmm
(Querist) 03 December 2012
Thanks a lot experts.
As I said, the crpc 125 case is carbon copy of the DV case. The inetresting fact is that in DV case my parents, younger sister and I are respondents and alleagations are made against all. In the crpc 125 case , same alleagations are made against me only.
as the doubt about maintainabiliy of of the crpc 125 case is cleared my many experst, I wud like to know whether I will have to go thrug, evidence , cross examination stage again crpc 125.I have been already cross examined in the DV case for same alleagtions and evidance stage is complete for both sides. If it will be done again , I don't understand what is the significance of trial done by the the JMFC court in DV case.Please carify my doubt , thanks
ajay sethi
(Expert) 03 December 2012
yes you will have to go through the evidence stage in 125 Cr PC case .
DV victimmmm
(Querist) 03 December 2012
Thanks Sethi Sir for ur clarification.
So even if if I get aquitted in DV case , I may get convicted in crpc 125 case as two diferent judges are handling the case, they may differ in their judgement. As far as the maintainance is concerned,wife will get additional maintenance. But wht which judgement will be considered valid in the end if there are contradictions in the judgents given by bith courts?
ajay sethi
(Expert) 03 December 2012
read the provisons of 125 CR pC . wife is unable to maintain herself she is entitled to maintenance . she wont get additioal maintenance . if any maintenance has been awarded under DV act that will be considered by the court while passing order undr 125 Cr PC
