(Querist) 04 October 2023
This query is : Resolved
Here I am husband my wife filed 498A case upon me and my family members in 2003, and also filed a case for maintenance in 2004.Hence the dowry case is resulted as not guilty. In MC awarded Rs 1500/- per month. I can challenge that MC at The District Court as result set aside .She goes to The High court and restored lower court order for MC at the rate of Rs 1500/- per month (2006).After I can take a chance at The Supreme Court of India filed a SLP for dismiss the maintenance order but petition was dismissed for condone delay 15 days.
Then she filed a DVC in 2008 after a long period for recovery her gold and enhancement of maintenance as result there is no evidence for recovery gold and awarded additional maintenance Rs 4000/- for Rs 1500/- for which grant in C.R.P.C 125.After I can challenge at The District Court on DVC judgment, She also challenge lower court order for recovery of gold ornaments .The District Court dismissed her petition and to be favor me as set aside the lower court DVC orders. Then she goes to The High Court on DVC orders both petitions of The District Court, and still pending.
She can appeal the lower court dowry case in The high court in the year 2008 now the case is still pending in High Court.
Now she is filed Crl M P/MC Case for additional maintenance of Rs 10000/- per month for which is already grant of Rs 1500/- per month i in MC case. I am not filed for divorce case still this day. She was willing to continue the marital life with me even I am ready to lead with her.
Please clarify that DVC for additional maintenance is pending before The Honorable High Court how can she filed another case for additional maintenance under section Cr.P.C 127 In lower Court. It is double time.
Please suggest how to prefer this case and suggested any related judgments to favor me.
Thanking you sir
T. Kalaiselvan, Advocate
(Expert) 06 October 2023
She has file a petition for enhancement of maintenance case and also since there is no stay granted by high court, she has filed the collection petition therefore there is no legal infirmity in it.