dva-2005 section12,18,19,23

rakesh (Querist) 20 May 2015 This query is : Resolved
Sir my client wants to file case against her husband and relatives under dva section 18,19 for residence order she had got 19(4) a sum of rs 2000/_as rent my quarry is she can again pray coart for same section against husband and relatives ? She did not appeal to hc she want fresh application in section 12 of dva is it possible for again demanding same section by including relatives or how many times demanding same section?

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P. Venu (Expert) 21 May 2015
Is there any fresh cause of action?

malipeddi jaggarao (Expert) 21 May 2015
If there is fresh cause of action, it can be done.

rakesh (Querist) 21 May 2015
No there is no fresh cause of action because she is living separate from his Hus since 2008 in their native home

Dr J C Vashista (Expert) 22 May 2015
If she is getting rent in lieu of "shared accommodation" she may file an application (U/s 151 CPC) for enhancement of rent which has increased to 200% since the year 2008 when the order was passed.

SAINATH DEVALLA (Expert) 23 May 2015
As suggested above she has a right to go for a review of the earlier grant.

T. Kalaiselvan, Advocate (Expert) 24 May 2015
As rightly observed, she may file a petition to enhance the monthly rental amount she has been receiving, but not under section 151 of
CPC in the DV case. No fresh case can be filed without a fresh cause of action.

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