Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Savita Singh (Advocate)     26 February 2013

Query regarding multiplicity of maintnace proceeding

Is there any judgement which bar the rights of the wife to ask maintenace under DV Act  when she already get maintaince Under 125 Cr.P.C from his husband.



Learning

 5 Replies

Rajeev Kumar (Lawyer/Advocate)     26 February 2013

There are numerous supreme court of India which bar the wife for getting multiple maintenance. So search these judgements on www.indiankanoon.org or on google.

DV victimmmm ( )     26 February 2013

Delhi High Court 

Renu Mittal vs Anil Mittal & Ors. on 27 September, 2010

Rahul Kapoor (Legal Enthusiast)     27 February 2013

hello,

please find attachment.

Rachna Kathuria

Versus

Ramesh Kathuria

 

regards-

rahul.gogreen@gmail.com


Attached File : 511540509 hc(del) 125crpcc - no maintenance in dv if maintenance already passed in crpc 125.pdf downloaded: 77 times

stanley (Freedom)     27 February 2013

 

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

 

Savita Singh (Advocate)     27 February 2013

Thanks everyone 4 your quick response & thanks 4 the judhements. Its really helpful.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register