Need advice

Teacher

atyant avashyak ..plz enlighten

can the guy file 125 (4) if girl has not filed 125.?

and is there any defence for DV for the guys..?.

 
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Senior Partner

@ Author

Que. can the guy file 125 (4) if girl has not filed 125.?

S. 125 (4) CrPC reads as follows;

                                       "(4) No wife shall be entitled to receive an allowance from her
                                        husband under this section she is living in adultery, or if, without
                                        any sufficient reason, she refuses to live with her, husband, or if 
                                        they are living separately by mutual consent."


Hence if wife has not filed S. 125 CrPC means no such proceedings in a competent Court then a husband can't file on his own S. 125 (4) CrPC.


Que.:
is there any defence for DV for the guys..?.

1. SC has said Bharat Ratna DV can't be applied retrospectively due to CrPC limitation section very recently in a case.

2. Various HC have said that wife can't get maint. under Bharat Ratna DV Act if earlier she was earning.


Like wise there are hundreds of  defense a husband can very well use challenging Bharat Ratna DV Act  filed by his wife against him and or his side of family members. Seacrh for lots of free well researched gyan on Bharat Ratna already discussed on this forum.


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Teacher

If there is a DID dismissed in default and the case is revived in sessions court..then where to appeal for STAY on case for interim maintenance that is restored and was on stay as the guy has no money to pay .

right now appeal is done in sessions court but it supposed to happen in high court ..?

 
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Teacher

. Various HC have said that wife can't get maint. under Bharat Ratna DV Act if earlier she was earning...this is amazing point ..thnku thnku sir but plz elaborate on this.....


wht is bharat ratna dv waise ?

 
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Senior Partner

@ Author


If your above reply is for me then I could not make head and tail out of it. What is DID that you mentions in your reply? However others may reply as and when they feel free to do so.


BTW you may come on PM mode if you feel I am competent to reply but with background details and correct section os Law used by parties and who is who briefs to make sensiable suggestions / advise etc.

 
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Teacher

ok sir as u suggest ..i shall pm the matter to u

 
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Senior Partner

Search here in LCI for "DV Act" you will see all my posting "Bharat Ratna" as prefix commented to this clumsily drafted young Act where each Sections of the Act is under som eor the other Writ or SLP challenge before one or the other HC (Chennai currently has nearly 60 Writs on Bharat Ratna DV Act alone) or even in SC.

 
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and is there any defence for DV for the guys..?.

Dv act is an individual act.so these reason will not apply to dv act.

 

Dv act 2005

20. Monetary reliefs. 

(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force. 

 
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