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fighting back (exec)     13 September 2013

Interim order in 125 passed after interim in hma24

Hi friends,

initially, interim order under HMA 24 was passed under her RCR case for Rs 2500

my interim order under sec 125 was passed today in family court for Rs 1000

i wanted to ask:

now that two orders are passed, is my understanding correct, that i will have to pay a total of Rs 3500 only, and inform the other court that such order under HMA 24 was already passed and now i will be paying Rs 2500+1000=3500

will i have to inform in the 125 case or in the HMA 24 case?

also, since DV is also going on, where she has again demanded maintainence, damages, one time compensation, stridhan and rental, along with a rented house.

i wanted to know, now will the DV court also pass a separate order for the rental amount? right now she is staying with her mom since last 1 and half years. since she has asked for a rental amount along with a separate residence, will the rental component be added to the amount of Rs 3500 that i will be paying? or does the amount under HMA 24 and 125 include the component of rent (shelter) for the woman.

i would like to take this opportunity to thank each and every one of you to continously guide me all this while, due to which this amount has been reduced to rs 3500, as i was expecting more than rs 6000 to fall on my head, but only due to the guidance of experts like you, i am able to guide my own lawyer ( who has openly admited that i indeed have much knowledge than himself!) but it is all thanks to you esteemed members , like sufferer, TAJOBS, stanley, Kmahesh, Helping hand, Rahul kapoor, shonee kapoor, bharat chugh, adv archana, nadeem sir. and other Ld members,  keep up the good work..............



Learning

 17 Replies

shriks........... (healyhcare)     13 September 2013

Why u want to join 125 with hma...?? Ur sweety can claim only in one... Generally whichever is higher amongst hma,dv,crpc.... I think 2.5k....., thts the stop if nt higher in dv
1 Like

Innocent 143 (JE)     13 September 2013

right said by shriks ji
1 Like

fighting back (exec)     13 September 2013

@shirks & innocent.....but i have read in numerous posts in this forum itself that the lower amount is adjusted against the higher amount,......hence i have this confusion, and still, the DV rental amount claim is still pending in DV case, so can i expect the rental to be added,........

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     13 September 2013

Well, a married woman has a right to claim maintenance under all the provisions of law and if such order is passed, her husband has to pay her. This means you will have to pay the total of Rs.3500/- per month to your wife towards maintenance. Also I feel there is no harm in informing the Family Court (where your HMA petition is pending) about the other proceedings and vice-a-versa. This will help the Family Judge to take a proper view and pass orders accordingly.

1 Like

fighting back (exec)     13 September 2013

@adv vaidya..............thank you maam for your kind reply, actually in hma 24 order already passed for 2500.this was already informed in 125 case, the court today ordered rs 1000 in 125 interim.......

i just wanted to know....in DV case, do i have to pay more as rental amount? or is this component of rent, already included in 125 / HMA 24 orders?

so can i expect more amount in DV for rent, (as maintainence is already passed in HMA 24 and 125 interim)

thanks

SAI KIRAN R (ADVOCATE)     13 September 2013

The petition under HMA is comprehensive petition than the other proceedings. So please inform the Forums of other proceedings about Orders under HMA.

victim (master)     13 September 2013

@ fighting back

In your case two different courts ordered maintenance. Can you please tell us some thing about you wife's qualification her previous and current jobs if any and the grounds which you choose for your defence and proofs produced in court in support of her claim. My case is also due for arguements on interim maintenance in hma 24 and hama 18. I am preparing for those arguements and pleading party in person.

If you can share your experience that would be of great help.

 

regards.

stanley (Freedom)     14 September 2013

Originally posted by : Adv.Vandana Vaidya

Well, a married woman has a right to claim maintenance under all the provisions of law and if such order is passed, her husband has to pay her. This means you will have to pay the total of Rs.3500/- per month to your wife towards maintenance. Also I feel there is no harm in informing the Family Court (where your HMA petition is pending) about the other proceedings and vice-a-versa. This will help the Family Judge to take a proper view and pass orders accordingly.

I wouldnt agree with @ Vandana and back up my statement with the below judgement . Right of a women under the provisions of law is okay . But when maintenance is passed in one law a certified copy of the order should be submitted in the other pending cases and one's counsel has to argue on the matter .

 

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 Like

Manoj Kumar Jain (abc)     14 September 2013

No Multiple Maintenance allowed , appeal in session /high court. Higher one (i.e. 2500/-) will be applicable refer SC judgement

1 Like

fighting back (exec)     14 September 2013

hi,

just wanted to take your advice regarding appeal in sessions court,

would it be worthwhile to appeal in the sessions court against the order, because both the maintainence cases are interims, so would it be advisable to wait for the final stage of case in 125 where i can argue for double maintainence been awarded.

second option: give an application in the 125 case, that hma 24 order already passed (order copy was already attached in the 125 case) so have already started paying in the HMA 24 case.

thanks guys

fighting back (exec)     14 September 2013

@victim,

i gave my wifes qualification in court, she is BCOM MCOM and MBA, whereas i am only BCOM, i couldnt produce any documents of her current and past jobs as i dont have any proof of these, same was with the qualification. this is all placed only in my say, nothing to back it up. so on this basis court gave these amount

in support of my liability,  i supported the medical bills of my mom, i had collected all the bills over 2 years, and submitted the salary statement and bank statement of my salary account. so this is all i could put in my defence.

take care not to hide something where there is a possibility of the other party might come to know the fact in some otherway, for eg: like your employer and salary, as you employer can be traced, so better to be true if hiding is difficult

D Seikhar G (self)     14 September 2013

@fighting back,congrats, you hv gt very less maintenance in today's date.How you have done? plz guide me also.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 September 2013

It is surprising that people infer that only one maintenance has to be paid. You should have informed the latter court about the former order and specifically got mentioned that the amount is adjustable.

 

Unless there is a specific order that it is adjustable, don't assume so. If need be you can put an application for clarification.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

fighting back (exec)     15 September 2013

@shonee kapoor..............but sir, as per judgement posted here by stanley, it clearly states that multiple maintainence cannot be claimed/ in my case, order copy in 125 is yet to be recieved. the order copy of the former, that is, hma 24 was already submitted in court prior to the order in 125s but do you suggest that unless the court specifically says that the amount is adjustable, we cannot assume it? so if it is a plain order, then are you suggesting that i pay both the amounts?

and if it is adjustable. then what is the formula for adjustment?

i mean, in my case hma 24-2500

125 -1000

so how will i adjust the amounts?

please guide. thanks


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