tejas lal (teacher) 19 January 2012

Crpc 125,child custody & dv need help

Dear All,

In my case Crpc 125 and child custody under HMA is running in Family court since 2006.No, Intrim maintenance granted by court as she is earning & qualified & child custody given to her.Her salary slip had been submitted in court.Both the cases are now almost to finish....

Now,with same juridiction Dv had been filed in Sep-2011.Seperate 498a had been filed before DV i.e in Aug-2011.

What should be done in DV to avoid her demand regarding maintenance & child custody...

Please provide me any judments regarding this.....

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6 Replies

Sameer12345 (SSE) 19 January 2012

Have you appealed for quashing by applying Limitation Period in "DV after Seperation" as adviced by Experts from LCI?

1 Like

tejas lal (teacher) 19 January 2012

Dear Sammer,

We haven't appeal yet forthe same.But,our lawyer submitted an application in MM court i.e in DV court that her DV is not maintable.(Sec.18,19,20,21,22).

As,crpc125.child custody is running in family court.Seperate 498a had been applied.

My question is that can DV court would consider over my application?

Sameer12345 (SSE) 19 January 2012

Kindly visit expert section and post your query there. I wish you get helpful reply from expert section too.

https://www.lawyersclubindia.com/experts/experts_display_list_by_category.asp?cat_id=8

Your queries are repeatating and still you seems to be helpless. ( Give all details about 498a and DV in expert section )

If you are in a hurry, than no one can help you, except ur wife and kid. Court cases run for years. Accept it.

Sameer12345 (SSE) 19 January 2012

Check PM....

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 19 January 2012

If not paying maintance carry on and use limitation for DV.

Hari Om Maheshwari (C.A.) 22 January 2012

Once maintenance has been declined u/s 125 CrPC, no maintenance lies under DV Act. You may see judgment in case law in Rachna Kathuria Vs. Ramesh Kathuria - 2010 (118) DRJ 630.