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DV victimmmm ( )     06 March 2013

Maintainability of crpc 125 after filing same case under dv

 

Dear all, I am asking the same question again, but there is little development in the issue.

My wife filed DV case in Nov 2011 and the same was dismissed by the court last month. She had asked for relief under sections 12,18,19,20, 22,23. When she sensed that she will not get anything out of DV case , she filed crpc 125 in Nov 2012 exactly one year after filing DV case. The same is running in family court. The content of both the applications is exactly same. I filed application for dismissal of the crpc 125 case saying that same matter cannot be adjudicated twice as it has been already judged by the JMFC court where DV case was running. My question is whether it would be worth to go to high court in case family court rejects my application for dismissal of the crpc 125 case. Kindly advice me and let me know if there is any citation in this regard. Thanks.



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 24 Replies


(Guest)
Originally posted by : DV victimmmm

 

Dear all, I am asking the same question again, but there is little development in the issue.

My wife filed DV case in Nov 2011 and the same was dismissed by the court last month. She had asked for relief under sections 12,18,19,20, 22,23. When she sensed that she will not get anything out of DV case , she filed crpc 125 in Nov 2012 exactly one year after filing DV case. The same is running in family court. The content of both the applications is exactly same. I filed application for dismissal of the crpc 125 case saying that same matter cannot be adjudicated twice as it has been already judged by the JMFC court where DV case was running. My question is whether it would be worth to go to high court in case family court rejects my application for dismissal of the crpc 125 case. Kindly advice me and let me know if there is any citation in this regard. Thanks.

How about waiting for some more days till the DV case get dismissed. Filing false case on husband amounts to mental cruelty. Such wife will not be paid any money.

DV victimmmm ( )     06 March 2013

@helping hand, The DV case has been dismissed already

Rajendra Shrivastava (advocate)     06 March 2013

she can file case under125 of cr.p.c. if she is living with sufficent cause.

Chetan Joshi (Advisory/Advocacy)     06 March 2013

Both are different statutes which facilitates seeking maintenance. She may file a case in both DV and 125 but would not get double relief...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Tajobsindia (Senior Partner )     07 March 2013

@ Chetan,

 

I disagree to your second sentence, re-read what the author is asking. BTW, she can jolly well get maintenance under both provided she proves respective social Section under CrPC / social Act's intent and objects, who says she cannot get double relief only thing which will happen is she will execute the higher award that is all but that is not what the facts reads (DV case already dismissed which I find it strange as she used S. 12 DV Act which is hard to dismiss and is other discussion topic though)!

 

Here it is a case of approaching concerned Court with unclean hands based on using almost same words, commas, paras, sentences of a already decided (dismissed) case and this second case is liable to be dismissed only if author of the post has a persuasive long rhythm pleader to his side in State's HC and recent decided cases under family Laws also says so.

1 Like

Adv. Chandrasekhar (Advocate)     07 March 2013

125. Order for maintenance of wives, children and parents.

 (1) If any person leaving sufficient means neglects or refuses to maintain-

 (a) his wife, unable to maintain herself, or

So, the eligibility criteria for seeking maintenance under Section 125 Cr.P.C. differs with that of DV Act.  The dismissal of maintenance in DV Act does not bar the wife to file application under Section 125 cr.p.c.  However, it has to be indepthly studied the ratiocination emanated by the court to dismiss the maintenance under DV Act to give a definite reply that whether she will succeed in Section 125 cr.p.c. or not.

1 Like

rajiv_lodha (zz)     07 March 2013

DV Victimmmmm! I also wonder how dv case was dismissed within this time frame. Are u sure that waht was dismissed is not "interim orders U/S 23"

DV victimmmm ( )     07 March 2013

 

 

Thanks lot experts for your valuable replies.

It's not an interim maintenance application. The case itself is dismissed. The interim maintenance application was also dismissed in Jan 2012. I have posted details about my case in another thread which is available here:

 

https://www.lawyersclubindia.com/forum/Dv-case-is-dismissed-75850.asp

 

I understand that no law bars a woman from filing crpc 125 case even if Dv case is filed.

But my question is little different which was correctly stated by Tajobs Sir.

As the crpc 125 case is carbon copy of Dv case, and now the Dv case is dismissed after considering evidences and arguments from both the sides, can the same matter be decided by different court once again? There will be same evidence, same argument once again.

@Tajobs Sir, I could find one citation (Ravindra Haribhau Karmarkar vs Mrs. Shaila Ravindra Karmarkar And Another on 17/7/1991) which I think is useful for my case, Could you please suggest any other citation which may help me.

 Please reply if anybody has faced similar situation earlier.Thanks a lot everyone once again.

DV victimmmm ( )     07 March 2013

here is the citation pdf


Attached File : 74612199 ravindra haribhau karmarkar vs mrs. shaila ravindra karmarkar ... on 17 july, 1991.pdf downloaded: 1220 times

abhishek (advocate)     07 March 2013

hi there is a judgment of Hon'ble RS Chouhan (Rajasthan High Court) acc. to that if a dv app. is rejected the wife cannot get maintenance u/s 125

2 Like

DV victimmmm ( )     07 March 2013

 

Thanks a lot for the information Abhishek. Could you please tell me the year of the judgment or name of the parties?

 

abhishek (advocate)     07 March 2013

gyanchand v/s smt. rekha year 2010 or 2011

1 Like

DV victimmmm ( )     08 March 2013

 

Dear Abhishek, I searched all the judgments by Hon Justice RS Chauhan but could not find the judgment mentioned by you. Could you please provide additional information about this judgment (may be full name of petitioner/ respondent). Thanks a lot for your co-operation.

DV victimmmm ( )     08 March 2013

Thanks a lot Adv Abhishek sir. This judgement is really very useful.


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