Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anil Kumar (IT Professional)     19 January 2016

Maintenance in divorce case

Hi Experts & Well wishers.

I have the following queries, before that the story is:

I am the resident of Delhi and married in 2010. The girl is from Allahabad and our marriage was solemnized at Allahabad. No dowry demand or exchange between us before and after marriage. After marriage we live together as a husband & wife in Delhi at my home with my parents. Me and my family was happy with this marriage but after in few days our happiness was turned in sadness & situation goes toxic day by day just because of my mother-in-law.  My MIL is very rude and adamant lady and she creates a lot of trouble for us. She behaves rudely to all of my family members want to domination on me and threaten for implicating in false cases. I manage anyhow the situation. Finally she left the house (after the 8th month of our marriage) on the occasion of festival and not turns back despite several requests by us. After anticipated the situation, we served her first Legal Notice for her come back to home but instead of compromise, she leveled more serious blames i.e. Dowry Demand and Mental as well as Physical Torture. We have no option and we filed RCR in Delhi. She deliberately ignore the Notices and proceeded Ex-parte by the court and the decree was passed by Hon’ble Delhi Court in foavor of me. We also served the Court Order along with Legal Notice to restore her conjugal rights But she did not follow the court orders and finally I file Divorce.

  1. I filed RCR U/s-9 in 2011 and get the Ex-parte Decree in favor of me in 2013 (after the trial of 18 months). The execution of the decree was not done due to some disturbance created by opposite party i.e. my wife.
  2. After waiting the stipulated period of 1 year, I filed for divorce U/s 13 (1a) & (2) in 2014 in Delhi Court as I am the resident of Delhi. After the period of 6 months i.e. November, 2014, My wife also filed Divorce at Allahabad as she is resident of Allahabad. She also filed Domestic Violence case in Feb, 2014 and lodged FIR in 498A, 504, 3 & 4 of DV Act before filing the divorce in Nov, 2014. She got the ex-parte Interim Maintenance of Rs. x000.00 U/s 23 of PWDVA-2005. Now she filed another Maintenance Claim U/s 24 of HMA 1955 in Divorce Petition after a 1 year.

 

The questions are:

  1. Can the same Divorce Case will be preceded in two Different State Courts as I filed first in Delhi and later by my wife at Allahabad. She has not appeared in Divorce proceeding at Delhi and done Ex-parte by the Delhi Court. She is fully aware about this as she is denied to join the proceedings of  Delhi Family Court in writing and proceeded Ex-parte by Delhi Court.
  2. She already got the Interim maintenance Ordered by Lower Court in a matter of Domestic Violence case U/s 23. Is she eligible for multiple Maintenance by multiple courts?
  3. How can I stop her multiple maintenance claim at court. Will the court consider the multiple maintenance claimed by her?
  4. Am I legally bound to pay her all her legal expenses if she claimed in Court falsely?
  5. What is the relief or get justice in my case?

Your help will save a lot of tensions & harrassement. Plz do help.

 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 January 2016

Res Judicata is a phrase which has been evolved from a Latin maxim, which stand for ‘the thing has been judged’, meaning there by that the issue before the court has already been decided by another court, between the same parties. Therefore, the court will dismiss the case before it as being useless. Res Judicata as a concept is applicable both in case of Civil as well as Criminal legal system.
So she cannot claim maintenance from both the courts.

Anil Kumar (IT Professional)     19 January 2016

Thanks Rama chary Rachakonda Sir for the kind help.

prabhakar advocate (advocate)     19 January 2016

  1. Can the same Divorce Case will be preceded in two Different State Courts as I filed first in Delhi and later by my wife at Allahabad. She has not appeared in Divorce proceeding at Delhi and done Ex-parte by the Delhi Court. She is fully aware about this as she is denied to join the proceedings of Delhi Family Court in writing and proceeded Ex-parte by Delhi Court.

You purusue your  case and get divorce decree, even it be ex-parte.  If interested appear in her divorce case and put your points but the same time demanding divorce, or otherwise choose not to appear, as it does not matter so much.

  1. She already got the Interim maintenance Ordered by Lower Court in a matter of Domestic Violence case U/s 23. Is she eligible for multiple Maintenance by multiple courts?
  2. She is not entitled to multiple maintenance cases.
  3.  
  4. How can I stop her multiple maintenance claim at court. Will the court consider the multiple maintenance claimed by her?

File her interim maintenance order in all other cases, where she demands maintenance.

 

  1. Am I legally bound to pay her all her legal expenses if she claimed in Court falsely?

put your version effectively and let the court decide how much legal expenses she is entitled and that court's decision you have to implement.

  1. What is the relief or get justice in my case?

You get divorce and you have to pay maintenance still she lives in chastity or till she remarries.


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