Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Another Victim (Engineer)     10 April 2015

Section 9 maintenance

Dear All, 

I am also having long story ,but fighting from 1.5 years.

 

My question is , i put section 9 before she put 498a, 406 , 125 on me .

 

Now in last hearing in ludhiana of section 9 , court forcefully saying me that on next hearing we will direct to pay her maintenance . judge is a lady she is not entertaining my case at all.

ignoring all facts like 

- my wife take away all gold & bag of luggage, so i need to put section 9

- She put criminal cases on me after section 9

- she stayed with me only 4 months

- she is not coming back as i tried 

- she is a B.Com (educated)

- she is living with parents , I live on rent with a salary of 15500/-

- I have to pay 5 cases fee to advocates , train fairs as case in rajasthan, court papers, rent , & whole stuff to live.

 

 

What can be done .....

IS maintenance is compulsory in  Section 9 ?



Learning

 9 Replies

N R Dash.. (Advocate)     10 April 2015

s. 9 HMA is a weaker section and the Judiciary can not force a person to live with another. If a decree is awarded in your favour, then only you can challenge the maintenance.

 

Section 9 is not for maintenance. You will have to pay maintenance in 125 CrPC if awarded by the judge to your wife.

Another Victim (Engineer)     10 April 2015

Dear all,

 

my question is Can court force me to pay maintenance in Section 9 

saravanan s (legal advisor)     10 April 2015

sec 9 you have filed is for rcr and your wife cant claim maintenance under it but she will get maintenance under sec 125 crpc that she had filed in the court

CompelledToLearnLaw (Financial Examiner)     10 April 2015

Pankaj, visit ecourts.gov.in but do not rely on the ecourts website too much: they mix up my orders regularly with other people’s orders. Your case is in the lower court: I just looked it up and ur wife filed the HMA 24 application on Sep 30, 2014. She filed on the same day when u were looking for the Rs 500 note for costs imposed on her on the previous hearing.

 

Remedy: withdraw HMA 9 immediately and it will end HMA 24. Even though her lawyer can still pursue HMA 24 application after u withdraw HMA 9 but he won’t because it’s almost impossible to recover HMA 24 judgment after the suit has been withdrawn. If u don’t withdraw, she will get maintenance for all the past months from the time she appeared in the case. They’re gonna nail u. Withdraw citing the reason that ur wife has performed cruelty on u by filing a fabricated 498a and u no longer wish to pursue HMA 9. Hma 9 is useless. It won’t save u. If it could save anyone, then, anyone who is actually guilty of demanding dowry, will file HMA 9 and escape punishment. That’s not how the law works.  It won’t save u in Crpc 125 because ur wife will say she left u due to ur cruelties. She will put forth the FIR copy of her 498a complaint against ur HMA 9. Withdraw HMA 9 and avoid paying two advocates and one leech: ur advocate, ur wife’s advocate, and ur wife.

 

The lawyer who advised u to file HMA 9 is not too smart or is not too honest. U see, most ordinary people r illiterate when it comes to law. So when ur wife received HMA 9 summons, do u think she knew whether it’s civil or criminal? Did u read the HMA 9 petition prepared by ur lawyer? Was it half-full of lies? The fact u r approaching the court before her, it kind of guarantees that she is gonna be pissed with ur legal step. The worst part is that after receiving HMA 9 summons, the wife will 1000000% go see a lawyer. And we all know what happens when a pissed off woman meets a lawyer. By filing HMA 9 first, idiot husbands r forcing their wives to go visit a lawyer. What a bad idea. The worst possible idea. I mean the husband might as well give the wife a ride to the women-cell if he’s gonna file HMA 9.

 

And brother, if all she wants is divorce, then, give her the divorce. Life’s too short to hold on to a person who does not wish to live with u. Socially, I don’t even call someone twice if they don’t pick up the phone on the first attempt. So let her go if she is not willing. U enjoy the money u earn. Go for MCD and make sure terms r laid down in MCD to withdraw all cases. Do not give her divorce unless she agress to withdraw the criminal cases. If she is not giving u divorce, and since u r in Ludhiana, get in touch with a sharp lawyer here and file a few cases on ur wife. Let them come here to fight the cases. This is ur city: u know people here. People u know might know people in the police station and in the courts. So if nothing else works out, file strong criminal cases on ur inlaws. They will tire down in about a year(hopefully) and come to settlement.

 

If it’s any consolation, men in all democracies r suffering at the hands of women and feminists. It’s all due to the lawmakers in the parliament who r passing laws to appease women voters. Nowadays political correctness is more important than reality on the ground. Read this and realize how men r suffering in the USA:

 

https://www.askmen.com/daily/austin_60/92_fashion_style.html

Another Victim (Engineer)     10 April 2015

#CompelledToLearnLaw

Dear Sir,

 

Thanks for giving your time and sharing your views on all this.


But some misunderstanding as ecourts did not update as it happens in court, as I do visit the same. I never asked for 500/- or looking for, court may has directed her. She never visited court or never came.

 

Being a human I also want to get rid of all this ,but She demand huge money or cases getting dragged by her, being a salary person I can’t afford. Even loans taken at time of marriage still not able to pay. 5 cases advocates fee is also an big issue for me .

 

Withdrawing case means , she can put more cases like fraud, intentionally etc. As I have mentioned already in section 9 that how she give false suicide warnings, she took all gold with her & belongings as I was not at home Etc etc. I put section 9, 2 months before her cases. As per her she already gave me warnings to put cases on me , If I don’t provide her money , so there is no way left for me I have to go with section 9.

 

Divorce case not started yet by both. I life to life life comfortably after all this is over. Don’t want to get married. I know all girls are not like her. But why taking another risk.

Singles also enjoy life better.

At last my question was ...CAN COURT FORCE ME TO GIVE MAINTENANCE IN SECTION 9  ?

Thanks for your views once again. I will try the best . Thanks  

CompelledToLearnLaw (Financial Examiner)     10 April 2015

Ur question has been answered. I said, “they're gonna nail u.” Was it not clear enough of an answer?

 

And costs r imposed by the Court. U asking for costs is as good as a prayer of a street beggar at the intersection of the Feroz Gandhi Market. It’s at the discretion of the court to impose costs.

 

And brother when I say ur wife did something, I’m obviously referring to her actions through her lawyer. It’s common sense that she probably did not appear.

 

And whether I have a misunderstanding or not: let’s find out. Is there another Pankaj Khurana whose HMA 9 is pending in the lower court of Ludhiana and whose wife resides in Rajasthan? Whose wife was imposed on a Rs 500 cost and on the next hearing, she filed HMA 24. Is there another Pankaj Khurana who is not forwarding arguments in regards to HMA 24 filed by the wife?

 

Here r some of ur case’s orders:

Pankaj Khurana Vs. xxxx xxxx Present: Shri SS Walia, Adv for the petitioner Sh. Bhupinder Singh, adv counsel for the respondent. Sh. Bhupinder Singh, adv has filed power of attorney on behalf of respondent/defendant xxxx. Oral request, for setting aside ex parte proceedings made. In view of request and in the interest of justice, ex parte proceedings are set aside, subject to payment of Rs.500/- as costs. Reply by the respondent be filed on xxxx xxxx xxxxx, CJJD, Ldh. xxxx

 

-------------------------------------------------- 

 

Pankaj Khurana Vs. xxxx xxxx Present: Shri SS Walia, Adv for the petitioner Sh. Bhupinder Singh, adv counsel for the respondent. Reply to the petition not filed. Costs of Rs.500/- not paid. Application under Section 24 of HMA filed by the respondent. Copy supplied. For reply to the said application as well as petition be filed on xxxx xxxx xxxxx, CJJD, Ldh. xxxx

 

--------------------------------------------------- 

 

Pankaj Khurana Vs. xxxx xxxx Present: Shri Sukhdev Chand, Adv for the petitioner Sh. Bhupinder Singh, adv counsel for the respondent. Arguments on the application under Section 24 of HMA not advanced today. For consideration on the said application to come up on xxxx xxx xxxx, CJJD, Ldh. xxxx

 

 

Do u still think I’m the one who has a misunderstanding? Brother, learn to keep a tab on ur cases. U should know more about ur cases than ur lawyer. U should live and breathe ur cases. Pls take my advice and withdraw this HMA 9 as soon as possible. Any benefit u see in it is imaginary. Put some criminal cases on them instead.

Another Victim (Engineer)     10 April 2015

#CompelledToLearnLaw

 

Dear brother , We are not here to prove anything or to fight.

I said misunderstood on basis
"She filed on the same day when u were looking for the Rs 500 note for costs "
"she will get maintenance for all the past months from the time she appeared in the case."

yes its the same case you talking abut 
I said She never came.

I just don't want to pay maintenance in Section 9. I cant afford, 
okay . thanks anyway once again..

Nitish Banka (lawyer)     21 March 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

Some important judgement on Maintenance Section 125 CrPC

Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her.”

Contact lawyer Nitish Banka -> call@ 9891549997  –>Free consultation on phone<—-

Haunsabai vs Balkrishna Krishna Badigar on 13/2/1980 

MAINTENANCE TO HUSBAND BY WIFE

How Maintenance to wife is assessed in S.24 HMA

Divorce on Adultery

Desertion as a ground for divorce -What to prove?

125 CrPc-How to alter the maintainance

Interim Maintenance-How courts calculate

Interim Maintenance Reduced Judgments

All About Maintenance and Interim Maintainence

LAND MARK SC JUDGEMENT ON INTERIM MAINTENANCE/MAINTENANCE 125 crpc

 

 

 

Maintenance u/s125Crpc stopped to wife if she gets job

Vikas Jain . . Revisionist Versus Smt. Deepali @ Ayushi Jain

No Maintenance u/s Crpc 125 to wife if she deserts hubby without any cause and also earning

Smt. Archana Gupta & Another .Versus Sri Rajeev Gupta & Another

 

Maintenance not granted as it is proved that wife wants to reside separately.

 

Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar

 

Unemployed man can not be forced to pay Maintenance

Sanjay Bhardwaj & Ors. … Versus The State & Anr. .

 

Deepak Dahiya   05 April 2018

Posted by: Nitish Banka  Categories: Criminal Law Family Law 
 

 

Maintenance is a right which a husband, wife ,children and old parents can exercise under various provisions of law.Now which provisions are applicable in your case you can have a look below.

Maintenance U/S 24  HMA

  1. It is maintenance pedente lite, ie during the pend-ency of any proceedings under HMA(Hindu Marraige Act)
  2. Claimed by both husband or wife.
  3. To be filed with proceedings of divorce, Restitution of conjugal rights,Maintenance u/s 25, annulment cases

caution : If you are filing cases under 498a or under DV act application U/S 24 is not maintainable.

Scope: Temporary in nature only till pend ency of certain proceeding.

Maintenance under Section 25 HMA

1. Both husband and wife are entitled to permanent maintenance throughout such period not exceeding their life.

2. Longer time

3. However if wife remarries or husband have a s*xual intercourse outside wedlock the maintenance can be denied.

4. Section 24 and 25 should be filed together for greater relief.

Scope-:only till the time party don’t marries.

 

Maintenance under DV act

Under S19 and S.20, residential orders as well as monetary orders can be passed by the magistrate during the pend ency of the proceedings under the DV act.

Orders under S.19

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing of the shared household or encumbering the same;

(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require:

Orders under S. 20

Any order to compensate with–:

(a) the loss of earnings;

(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

(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.

Only women can claim maintenance under the DV act.The maintenance under DV act is of shorter duration but easily enforceable as due to involvement of CrPC provisons. If you don’t need divorce and husband is cruel to you go for DV act.

Maintenance under 125 CrPC

Wide ambit covering wives, children(legitimate or illegitimate), parents. If wife cant prove cruelty then this is the best remedy to get maintenance, as some penal provisions are involved it guarantees enforce ability. The maintenance under 125 is of longer duration. Wives with children are the beneficiaries.

Maintenance is legal right and weak parties are free to choose their remedy depending upon circumstances.


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