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Ravi (a)     22 October 2016

Crpc125

wife filed another case now under crpc125 on me for the want of maintenace in the same court where DVC is ongoing. in my divorce, she is currently getting hefty amount under 24hma as ordered by family court but still filed crpc125.

1. please tell me why wife filed DVC & Crpc125 asking maintenance.

2. when wife is enjoying interim maintenance, how can CRPC125 be maintainable?

3. Is there any way to quash CRPC125 in the high court? is there any chance?

4. she is highly qualified graduate, how can she not maintain herself? can judge see all these?

5. what all steps are available in crpc like chief/cross etc? how long it can take to finish?

6. who has to prove all these? husband or wife?

7. under what section this petition can be dismissed?



 22 Replies

Sachin (N.A)     22 October 2016

Sec 125 CrPC and interim maintenaince under DV Act  is not maintainable you need to challagane that on the ground that multiple maintenaince petition not maintainable.

And in DV Act she needs to prove her allegation, 

 

Sachin (N.A)     22 October 2016

Basically lawyers for their own benefit prvoke/misguide thier clients to file more and more cases.

 

sai narayana   22 October 2016

I am slightly differing with Sachin here. Law permits parallel multiple proceedings and grant of multiple maintenances too. The only thing husband can do is put into the notice of court about the current granted and paying maintenances so that court will take them into consideration while granting new maintenance, this is called adjustment of maintenances.

sai narayana   22 October 2016

To avoid Crpc 125 you have to win the case by disproving her allegations. An husband can avoid paying Crpc 125 Interim if he can prove on primafacie that his wife left him on her own and so he is willing to maintain her if she comes back (or) able to prove her adultery.

Ravi (a)     22 October 2016

thanks for your opinion. new case filed under sec crpc 125 and interim maintenace is also filed under 125 crpc but not DVC. She is asking maintenance in both the petitions. 

1. please let me know if interim maintance under crpc125 is decided in the first hearing (first date). first date is next month. will i get sufficient time for interim maintance?

2. what all document i have to submit for objecting interim maintenance apart from hma24 order.

 

@sai narayana - i dont want her at all. she left on her own and she is a qualified graduate and earning member (her own mother admitted in her 498a cross)

Sachin (N.A)     22 October 2016

Originally posted by : Ravi
she left on her own and she is a qualified graduate and earning member (her own mother admitted in her 498a cross)

Is she earning???

Ravi (a)     22 October 2016

yeah. 

i also have an rti reply from the school where she used to work for 2 years and left. 

she supressed all these facts in sec24hma in divorce and still got an order of hefty amount.

now when divorce is pending, she filed this new crpc125 and interim maintenance application.


(Guest)
Wrong advice by above replies. 125 is for permanent alimony. The case will.be pending till your other cases are pending. IA is till 1 year from.date of application. Later she has to give fresh application for ia. DV is for u doing domestic violence to her. All are different cases. Note relief can be given in all the 3 cases. Feel free to call.

(Guest)
Wrong advice by above replies. 125 is for permanent alimony. The case will.be pending till your other cases are pending. IA is till 1 year from.date of application. Later she has to give fresh application for ia. DV is for u doing domestic violence to her. All are different cases. Note relief can be given in all the 3 cases. Feel free to call.

(Guest)
Wrong advice by above replies. 125 is for permanent alimony. The case will.be pending till your other cases are pending. IA is till 1 year from.date of application. Later she has to give fresh application for ia. DV is for u doing domestic violence to her. All are different cases. Note relief can be given in all the 3 cases. Feel free to call.

Sachin (N.A)     22 October 2016

Originally posted by : sai narayana
I am slightly differing with Sachin here.
Law permits parallel multiple proceedings and grant of multiple maintenances too.
The only thing husband can do is put into the notice of court about the current granted and paying maintenances so that court will take them into consideration while granting new maintenance, this is called adjustment of maintenances.

 Clear judgment by justice S N Dhingra.- HC of Delhi

 

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.

Sachin (N.A)     22 October 2016

To order maintenaince u/s 125 CrPC two conditions should be met 

1. the husband must have neglected or refused to maintain his wife

2. Wife should be unable to maintain herself.

So, when  she has already granted maintenance by any court , then she is not entitled for maintenaince u/s 125 CrPC

advocatepassy@gmail.com 971794 (Advocate)     22 October 2016

your  lawyer is the best to guide you and file written statements, and cross examine her and her claims

Ravi (a)     22 October 2016

To make it very clear, My wife is enjoying interim maintenance under divorce case in 24hma. Divorce case is still pending. She filed now 125crpc along with interim application. First hearing is next month. My queries - 1. Will magistrate decide the interim maintenance order on the first hearing? 2. In 498a cross, she already admitted she is getting hefty 24hma maintenance and her mother admitted her daughter is earning. Can this be used to dismiss the IA? 3. I expect divorce to be completed in next 3 months. If IA is ordered, should I continue to pay interim? 4. Can I go to High Court to quash crpc 125?

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