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(Guest)

Advice Required for DV act Case - Maintenance

 

Dear Advisors,

Please help me in this peculair case, the details are as follows;

I was an NRI at the time of Marraige(Nov 2006), then one fine day she vanished from my appartment (July 2007) without informing me, after enquiry i understood that she had reached her Parental home in India, the air tickets from Dubai to India were arranged by her elder sisters husband. Then I returned to India (Jan 2008) to convince her but I was no allowed to meet her, then I returned back to Dubai, then she filled 498a against me, My father & my Mother, I had to return back to India (June 2008) as the police was threatning me to put my parents in Jail,(this was as said by my wife, police acted). I lost my job due to this reasons. I got Anticipatory Bail & contested 498a in which we all were aquinted from charges (May 2010).

In between this she filled 125 (Aug 2008), claiming interime & Final maintenance of 75,000/- INR (PM), but judge passed interime maintenance of 500/-(five hundred) PM (paid upto date) as no proof of income was produced. In this 125 case documents put up were RTC of House & agricultural land. (both are in my fathers name). the agricultural land in ansistrial land & house is build by my father by taking loan from SBI, the land on which the house is built is an ansistrial land but house built is by my father. This cases is still going on.

In mean time she filled another case under PWDV in other court (Jan 2009), the grounds are 90% same as in 125, but she is demanding all the other relifes in addition to maintenance. In this case she has accused me, my Father & my Mother. Here Judge ordered another 500/-(five Hundred) PM (paid upto date) as interime maintenance, but did not order any other relifes. In this DV act case, documents put up were RTC of House & agricultural land. (both are in my fathers name). she is merely asking for maintenance & other relifes based on my fathers property & my brothers shop. The photograph of the shop has only been attached. She is claiming 15 laks for one time settlement or 30,000/- PM maintenance + Housing allowance of 15,000/- + Loss allowance of 5 lakhs.

The other facts are;

a) I filled RCR (Aug 2009), the case is still pending.

b) Concilation taken place 3 times she wants only money of 15 lakhs, where as i have taken stand of taking her back. (all the concilations have not come on record).

c) She filled these cases on basis of cruilty & desertion, & in turn she has aggreged in cross examination that she was living happily during her stay with me in India & in Dubai. even she was not having any problems with my parents. She has even admittedd that the day she vanished from Dubai she had prepared my food & packed my lunch box & asked me to return as early as possible so that we can go to market for household item purchase. She has admitted of threatning me through police by which i lost the job.

d) Till date I am Jobless.

Now my question is:-

1. Under DV act can she claim maintenance from my parents & does she has any rights on their property & income.

2. How can i stop her in DV act case, any HC or SC judgments saying no rights to claim maintenance from In-laws.

3. What amount the court can award maintenance in DV act & 125, as I am Jobless from dated of casess, She is quilified (BA + Interior Designing Course + Auto Cad Course).

4. If Maintenance is awarded in both the cases what should be done. wheather I have to pay maintenance for both cases saperately.

5. What steps should be taken by me so that my parents shall no where be connected to DV case.

 

Waiting for your valuable replys & Suggessitions.

With Regards

Sagar



Learning

 12 Replies

stanley (Freedom)     08 March 2012

In domestic violence case Maintanence is governered under the same rules of CRPC 125 .so as the judge has already passed maintanence in 125 you dont have to bother since neither can she claim maintanence from your parents .As the RTC if in your fathers name she cant claim anything . Have you conveyed to the judge the order that maintanence is awarded in CRPC 125 . She cannot claim multiple maintanence .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

There is a Delhi HC judgement also in this regard.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

harsh pratap singh (sseef)     12 March 2012

Dear Shooneeji & stanleyji,

Are you sure that multiple maintenance cannot  be awarded to wife??

because i have been ordered to pay Rs.5000/- per month as interim maintenance  in DV case and Rs. 1500/- in as interim maintenance in 125Crpc?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 March 2012

You can get one adjusted against the other.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

harsh pratap singh (sseef)     12 March 2012

Dear Shooneyji,

Can you share that Delhi HC judgement? 

harsh pratap singh (sseef)     13 March 2012

Dear Sir,

Plz share any judgement where multiple maintenance has been denied?

stanley (Freedom)     13 March 2012

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: August 25, 2010
Date of Order: 30th August, 2010
Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010
30.8.2010


Rachna Kathuria ... Petitioner
Through: Mr. P.Narula, Advocate

Versus


Ramesh Kathuria ... Respondent
Through:Mr. S.S.Saluja, Advocate

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? Yes.
2. To be referred to the reporter or not? Yes.
3. Whether judgment should be reported in Digest? Yes.

JUDGMENT

By this petition under Section 482 Cr.P.C. the petitioner has assailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the
petitioner was dismissed.


2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition.


3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed.

SHIV NARAYAN DHINGRA, J.
August 30, 2010
vn

Source link:
https://lobis.nic.in/dhc/SND/judgement/31-08-2010/SND30082010CRLMM1302010.pdf

harsh pratap singh (sseef)     13 March 2012

Dear Sir,

Thanks for the judgement. Thanks again!

harsh pratap singh (sseef)     20 March 2012

Dear Shoneeji & Stanley,

Just to tell my story in brief:

A) Crpc 125 was filed.

B) After 6 months of filing Crpc 125, DV was filed against me and my entire family wherein judge has ordered Rs. 5000/- as interim maintenance per month.

C) i went to HC for stay and was successful but judge asked me to pay interim maintenance of 50,000/-, which i paid to my estranged wife.  

D) Since mediation failed in HC mediation center,  HC judge disposed off my case to lower court.

D) After 1 year of filing Crpc 125 judge ordered Rs. 1500/- as interim maintenance per month.

E) I applied for revision of Crpc 125 order of Rs1500/ in session court. 

F) After 8 months of filing Crpc 125 revision session  judge has given the decision in my favour i.e. stayed order of Rs. 1500/-  and sent the case back to lower court. 

G) Estranged wife has filed for recovery of interim maintenance in DV case as per interim order @Rs.5000/- per month i.e. some Rs. 80,000 in lower court.

Now my query is as per stanleyji and shooneji multiple maintenance is not allowed.

a) What should i do now?

b) how to stop recovery of maintenance in DV case?

Plz advice.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

1. There is no multiple maintenance in your case as of now. Only one maintenance allowance.

 

2. Multiple maintenance is not barred. It is only that maintenance amount in two orders can be offset against each other.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

Your execution in DV case stands, as the same order has not been stayed.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)

Dear Advisors,

Please provide me with some information, 

How should I defend myself from these cases, some legal points.

with regards

Sagar


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