Upgrad LLM

ask maintenance in three cases

Software Consultant

I am Prashant Shah. My wife has done 8 false cases on me and my family as 498/DV/125/sec.9 etc. She had done 125 & sec. 9 in 2008 and at that time I had done sec. 9 in family court. At the same time 498 & DV were done by her in 2008. Due to section 9 done by both of us court has closed 125 and both section 9 and gave conditional judgments. Conditions are (1) She has to live with me and my family peacefully and don’t make quarrel. If she will break this condition she will not entitled to get maintenance. (2) I have to keep her happy and live peacefully. If I kick out her from home then I have to give her maintenance as Rs. 2000/- to her and Rs. 1000/- for my 3 year old son. My son is living with her since his birth. Court had given the above judgment in three cases i.e. 125, Section 9 (done by her), Section 9 (done by myself). I have taken her to my home on same Day of Judgment. After living with me for 20 days, she left my home without any reason and registered a false chapter case on me at police station that I have kicked out her. After that she has done application to court to start maintenance of Rs. 3000/- per month as per judgment of Section 9 which done by her. Same time she had done 125 again but it was opposed by my lawyer and then after 5 months she has withdrawn 125. After that she has done 127 to increase the maintenance due to inflation. I, my lawyer and her lawyer discussed the case out of court and we agreed to pay Rs. 3000/- per month since she left my home. But now in court they demand for Rs. 3000/- per month in three cases (125, my section 9 and her section 9) as all cases judgment is same. Judgment in all three cases was letter, word wise same we can say carbon copy. So now they ask for total Rs. 9000/- per month. Now I would like to know is it possible one can ask for same maintenance in three different cases. Is there any judgment from Supreme Court related to same maintenance in different cases?

 
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barrister

First of all i dont know why you agreed to pay Rs.3000 to her. The order itself says that you will have to pay maintenance only if you trouble her. But now it seems you yourself has admitted that you have troubled her. Ok

The order is a common order and they cannot claim like that. I dont think there are judgements to support this, but you dont require one, as your judgement itself says the maintenance amount is only 3000. The order will have petition number of the sec 9 petition filed by you and your wife and the sec. 125 petition. In this case no need to worry....


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None

Prashant,

 

First of all - you need to decide whether condition outlined in the maintenance order for giving maitenance order is fulfilled.

 

If condition is not reached, you don't need to worry.

 

If the condition has reached, start paying Rs 3000.00 per month. If they are aggreived, let them go to court to get the direction. You just stick to stand that you are acting as per your understanding of order - if they are feeling that you are not following order, they are free to move to the court. 


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Legal Evangelist - TRIPAKSHA

You have asked the same query in expert section.

 

You would need to pay only Rs. 3,000/- as it was the condition.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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zz

Originally posted by :Prashant Shah
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I am Prashant Shah. My wife has done 8 false cases on me and my family as 498/DV/125/sec.9 etc. She had done 125 & sec. 9 in 2008 and at that time I had done sec. 9 in family court. At the same time 498 & DV were done by her in 2008. Due to section 9 done by both of us court has closed 125 and both section 9 and gave conditional judgments. Conditions are (1) She has to live with me and my family peacefully and don’t make quarrel. If she will break this condition she will not entitled to get maintenance. (2) I have to keep her happy and live peacefully. If I kick out her from home then I have to give her maintenance as Rs. 2000/- to her and Rs. 1000/- for my 3 year old son. My son is living with her since his birth. Court had given the above judgment in three cases i.e. 125, Section 9 (done by her), Section 9 (done by myself). I have taken her to my home on same Day of Judgment. After living with me for 20 days, she left my home without any reason and registered a false chapter case on me at police station that I have kicked out her. After that she has done application to court to start maintenance of Rs. 3000/- per month as per judgment of Section 9 which done by her. Same time she had done 125 again but it was opposed by my lawyer and then after 5 months she has withdrawn 125. After that she has done 127 to increase the maintenance due to inflation. I, my lawyer and her lawyer discussed the case out of court and we agreed to pay Rs. 3000/- per month since she left my home. But now in court they demand for Rs. 3000/- per month in three cases (125, my section 9 and her section 9) as all cases judgment is same. Judgment in all three cases was letter, word wise same we can say carbon copy. So now they ask for total Rs. 9000/- per month. Now I would like to know is it possible one can ask for same maintenance in three different cases. Is there any judgment from Supreme Court related to same maintenance in different cases?
"

Meanwhile, I cud not understand how such a judgment cud be pronounced as highlighted points, I think author has not made the things clear.

1. Who will determine she picked up the querrel. She will say I never did u say she did? What will happen to this point of order?!

2. No court can determine such maintenece ammount on assumptions that if u throw her out in future u wil be paying her this amount only?!

What if hubby beats her & throws her out, no 323,324........only 3000/- pm. Unbelivable orders!

 
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Software Consultant

 

Thanks for reply,

In Judge told us that you both right this condition on paper and make signature that you both are agree with these conditions. We both make signature on it and cases (125, Sec. 9 & Sec. 9) were closed. Judgement made on back of this letter that "If I kick out her then I have to pay 2000 To Wife and 1000 for Son and Thare are no order for expense." This same judgement has given in these three cases. It seems that unbelivable orders!!!!! but its true hense I faced technical problem to handle it.

 
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