Maintanance to wife and child
Adv. Pooja Zanwar
(Querist) 28 May 2014
This query is : Resolved
respected sir... i have claimed maintenance in criminal court under protection of women from domestic violence act... for my client n her small baby.. but the amount of maintenance allowed by j. m. f.c.court is very less n my client n her baby can not survive in that amount. now i want to claim additional maintenance in family court under s. 24 ... can u give me some citations over the point that maintenance can be claimed in both the courts...?
Nadeem Qureshi
(Expert) 28 May 2014
Dear pooja
no need for any citation for this it is clearly mentioned in d.v.act.
search through. Google, nadeemqureshi1.WordPress.com, judic.nic.in, kanoon.com
Devajyoti Barman
(Expert) 28 May 2014
Yes, why are you searching for citation.
You re an advocate, you should know that it is very much permissible.
Moreover, you can prefer appeal against such order also.
ajay sethi
(Expert) 28 May 2014
file appeal against order of trial court for increase in maintenance
Biswanath Roy
(Expert) 28 May 2014
Advocate without Advocacy is unfortunate. Generally quantum of maintenance determined on the basis of husband's monthly income and status of life. If you are not agreeable to accept the quantum of maintenance you may prefer an appeal.
Rajendra K Goyal
(Expert) 28 May 2014
Agree with the expert Devajyoti Barman ji.
malipeddi jaggarao
(Expert) 28 May 2014
It is the question whether the maintenance is sufficient for your client or not. The quantum depends upon the husband's earnings and status and also the earnings of your client. As Mr.Roy advised above, if you are not satisfied, prefer an appeal.
santhosh.g.
(Expert) 28 May 2014
in d.v act there is no specific provision for granting maintenance. the provisions have to read together. ie section 18, 19, 20 and 21. d.v act is not an act made to enable the court to grant maintenance. if maintenance alone is the claim the petitioner could have approach the court with a petition u/s 125 Cr.P.C. Under section 24 also the court has to see the ability of the husband to pay the maintenance out of his income. for citation please refer DMC journal available in the library
Nadeem Qureshi
(Expert) 28 May 2014
Dear Pooja
YOU SHOULD READ SECTION 26 OF D.V.ACT
26. Relief in other suits and legal proceedings.—
(1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act. tc "26. Relief in other suits and legal proceedings.—(1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act."
(2) Any relief referred to in sub‑section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court. tc "(2) Any relief referred to in sub‑section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court."
(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief. tc "(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief."
K.K.Ganguly
(Expert) 31 May 2014
Yes, file an appeal against the said order.
Guest
(Expert) 31 May 2014
Dear Pooja,
Maintenance depends upon the recurring earning of the spouse from all sources of his income. So, maintenance is not likely to be increased unless earning is proved to be on the higher side than that remained under consideration by the court.
Better get proof of income of the husband to claim maintenance on prorata basis.
Adv. Pooja Zanwar
(Querist) 02 June 2014
thanks alot all d respected persons... this will surely help me. i have filed an appeal.. still d problem is since last 5 months no progress in d case. now d matter is being sent for mediation for final compromise... he is a government servant. he has short salary.. but by way of corrupted practice he gets huge amounts.. but that we cant show on record..also he has purchased huge properties with his mother's name as her self acquired property even if she is a housewife and not earning anything.. in short its a benami transaction. he intentionally has nothing but a short salary. again i have to claim grand daughters share.. what steps can be taken regarding such self acquired property? sir i have given all details of his family income. nobody is dependent on him except his mother. his mother is getting huge amounts of interest on F.D.s and rent. they stay together. still d hon'ble court is not considering his family income but his short salary. i am very disappointed. how can we show his black money on record? we cant.. at least on final settlement his family property should be considered.. for that baby..
Guest
(Expert) 02 June 2014
Depends upon, how you are able to prove that the mother has no earning of self and all property and FDs are purchased out of unaccounted income of her son.
