Upgrad LLM

if crpc 125 granted, then can rent be granted in dv?

pvt service

if cases like 125 and DV are filed on the husband, and if 125 has been declared for an 'x' amount, and since that amount under crpc 125 covers food clothing and SHELTER, then, in DV case, how likely is it that rent for an accomodation or an accomodation will also be granted, as the 125 case has all the three components (food clothing and shelter) included, so, if rent is also granted in DV case, wont it be a case of double maintainence award?

request experts to please advise.

 
Reply   
 
Bangalore

Though she can file applications under various laws and claim alimony, it can be granted at only one place.  For eg in 125 crpc if 1k is awarded, she can also ask IA and there 500 rs might be awarded looking at income etc of husband and joblessness of wife.  But when it comes to rent, in DV, if ordered, you need to pay rent but date of filing application holds value, if today she files 125 crpc and tmrw if she files DV, and even if rent is ordered in DV, you need not pay it as already you would have paid under 125 crpc.  as such anything awarded in 24hma or 125 crpc includes for food clothing and shelter.


Total likes : 1 times

 
Reply   
 


pvt service

thanks helping hand....but if she is staying with her mom at her den.......then how can rent be applicable? i can understand that it is the duty of the husband, but if she is lodging for free with her mom the 'tutor' then how can rent be applicable for a free accomodation.......

 
Reply   
 
advocate

it is your duty to prove with evidences and also it is your duty after marriage to provide her accommadation and for her all well being and in the same way court will order to pay after seeing your salary and other expenses 


Total likes : 1 times

 
Reply   
 
Bangalore

Originally posted by : sandeep

thanks helping hand....but if she is staying with her mom at her den.......then how can rent be applicable? i can understand that it is the duty of the husband, but if she is lodging for free with her mom the 'tutor' then how can rent be applicable for a free accomodation.......

For smartass ppl like you there is one place called as court, and there will be one person sitting up there, who is called as judge.  Try asking him the same question.


Congratulations, you are already at the right place, its just time that you ask the judge himself/herself about this.



PS:-  Sadly, there is no law in place to teach arrogant women lesson.  All men are born to suffer esp with women friendly laws.

 
Reply   
 
Business

DV does NOT provide additional maintenance.  You must analyze 125 Cr.P.C.  It talks about compensation for the woman to "maintain herself."  That covers it all. The rest is left to how your advocate argues in the DV Court. If you do not present the 125 Cr.P.C. order in the DV court, then you MUST abide by both orders separately because it is you who failed to bring the prior order on the record. If despite showing the 125 Cr.P.C. Order, you are ordered to pay rent in DV, then your only recourse is to appeal and seek a stay on the DV Order.  There are case laws that show that DV does not provide any additional maintenance. Research on the net... Delhi High COurt has issued a few Orders on this subject which are favorable to men.

 
Reply   
 

DV does not creates a new right in favour of Wife. if there are two orders against you one in Section 125 Cr.P.C and another in DV. Then you will have to pay the higher one. You can exhibit the order U/S 125 Cr.P.C in you DV Case. The Learned Judge will consider the same.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x