Crpc 125...already dv, 498a & sec 24...interim passed in dv

Dear sir,

This is the latest trend now a days.

Every b*tch  is behind the money.

They approached different courts for so many maintenance because tendency of b*tch 

and 498a fellow is the same and you will found that both of them  wander lonely in streets and

different courts for their malice desire.

First, be less emotional and work on a strategy. The more emotional you get, the less you will be able to think clearly and strategise.

1. got CrPC 125 summons today.......first date is 7.10.13.....already interim passed in DV on 3.8.13 for 1500 rs per month.

I think that amount, relative to your income is acceptable. My advice is not to appeal though your advocate may ask you to, to just get more fees. You could actually end up paying more in appeal.

does court will not look into that matter as already sec 24 interim is already pending in same family court. so now i have to fight all 3 possible sections of maintainance in metropolitan and family court.

Use this amount and Order in all her maintenance applications in the future in other proceedings. Mentally settle for this amount.

2. so total of 498a, DV, Judicial seperation ( i filed) and sec 125 cases all i have to fight.....

As for maintenance, use the single Order. Good advocate, difficult to find one, will use that one Order and get other maintenance applications dismissed.

3. what is the possibility that b*tch is granted money in this section also.
See above.
4. my net income is 10k per month and m working in pvt company......b*tch didn't vacated rented home......neither she's living there......she want rent of tht home.she's living at her mom's house.......only want money like a prostitute......
File RCR asking her to stay with you in that house, whether you want to stay with her or not. Is it rented on your name? If so, occupy it and make sure you retain possession.
5. as far nothing happened in all possible fake cases......now she is running behind the money.......i got married on 11.11.11 and cases started in apr 2013......

Just run her down... frustrate her. File all kinds of applications. Hit where it hurts hard. Send summons to her brother's office, father's office, employers, etc. on some ground or the other. Get her bank's officer, employer, etc. summoned through Court Order. File all kinds of applications. You are in this for the long run. The more you try to expedite, the more she will frustrate you. In court, before Judge, be serious. Outside Court, laugh it off. Let her see that you are least bothered by the proceedings.

This is my first and last post in this thread. GOOD LUCK!!!

Take a certified copy of the order passed in the DV case  and submit it in the next two cases along with the below  judgement and the same has to be argued accordingly by your counsel .

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

1. you indeed  a lucky chap with just 1.5 k that too in dv.

2. use the same order and follow with the copy of above judgement. thank the one who has taken effort to provide it to you.
3. argue with this during argument phase.
4. start with mind games straining financially and draining financially.
good luck