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Kaatu Poochi (Kaatu Poochi&Co)     21 June 2014

Similar case processing two different court

Kindly clear my doubt?

I have field RCR case that's mean Husband calling wife get back matrimony life (Civil court)

My wife field against me DVA case that's also mean wife asking right's to live with husband house (Criminal court)

I think both are similar case

Question :

1. How court allow the similar case running two different court's?

2. Is there any ruling to move the both case in any one court?

3. Is any amendments to the rules of civil procedure Undertake the DV case in my civil court? priory basis my case is first.

4. RCR I am calling my wife ready to maintenance her. But 125crpc also my wife asking maintenance from me. Is this multiple maintenance case?



Learning

 6 Replies

Dr J C Vashista (Advocate)     21 June 2014

Question wise Answer::

1. How court allow the similar case running two different court's?

RCR is a subject matter under the perview/  to be adjudicated either by Family Court/ Additonal District/ or the District Judge.

2. Is there any ruling to move the both case in any one court?

No

3. Is any amendments to the rules of civil procedure Undertake the DV case in my civil court? priory basis my case is first.

Vague query.

Dispute/Complaints under the provisions of Section 12 of the Protection of Women from Domestic Violence Act are (generally) governed by Cr. PC which are to be tried by a Magistrate. 

4. RCR I am calling my wife ready to maintenance her. But 125crpc also my wife asking maintenance from me. Is this multiple maintenance case?

Vague.

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Kaatu Poochi (Kaatu Poochi&Co)     21 June 2014

Honorable Dr.J.C.Vashista sir,

 

My question 4:

Husband ready to giving maintenance to him wife so he have filed RCR.  The same issue Wife asking maintenance from her husband through 125 cr.pc both are similar issue. 

Is this multiple maintenance case or not. I have some doubt only sir.

Advocate Ravinder (Advocate/Attorney)     22 June 2014

There is lot of difference between RCR and DVA.  Both are different.  In DVA wife can take number of reliefs i.e. protection from husband and in laws, right to residence, maintenance etc.  Whereas in RCR you can claim only one relief. 

1 Like

Kaatu Poochi (Kaatu Poochi&Co)     22 June 2014

Ok Sir thank you my doubts cleared in this portion.

1. After marriage she 2 months only live with me.

1. My wife filed DV case against my family members. I am also living in my father's self acquired house. She asking domestic rights in my father house is this possible?

2. She informed the court we are living joined family and added my sister's name also. But my sisters left from my house 20 years back. I have all records.

What is the strategy to dismiss her DV case? Please advice me sir.

This link telling "Woman cannot claim right to residence in in-laws house"

https://misuse498adva.blogspot.in/2014/03/woman-cannot-claim-right-to-residence.html

T. Kalaiselvan, Advocate (Advocate)     24 June 2014

@Kaatu Poochi:  Your wife cannot claim residential rights in your father's property/house.  She can very well claim residential rights in her matrimonial house which is called as the place where you live/reside.  If she has impleaded your sister also in the DV case, you can very well break her stand by establishing the fact that your sister has been living away from the house for more than 20 years, but it does not means that your sister cannot torture her from outside which also can be treated as domestic violence.  In her 125 meaintenance case, as well as maintenance issue in DV case, you can very well challenge them by quoting that your have filed RCR and are always ready to take her back and maintain her properly as per wish but it is she who has voluntarily abandoned her matrimonial home and now come out with false maintenance cases, hence she is not eligible for any maintenance amount.  Are you fighting your case as party in person? or have you engaged an advocate?, if so, why don't you consult all these issues with him?

Kaatu Poochi (Kaatu Poochi&Co)     25 June 2014

Hon'ble T.Kalaiselvan sir,

Her counsel further contended that the definition of 'shared household' "includes a household where the person aggrieved lives or at any stage had lived in a domestic relationship". But the apex court rejected the argument, saying if it was accepted then "it will mean that wherever the husband and wife lived together in the past that property becomes a hared household. "It is quite possible that the husband and wife may have lived together in dozens of places e.g. with the husband's father, husband's paternal grand parents, his maternal parents, uncles, aunts, brothers, sisters, nephews, nieces etc. "If the interpretation canvassed by the respondent is accepted, all these houses of the husband's relatives will be shared households and the wife can well insist on living in all these houses of her husband's relatives merely because she had stayed with her husband for some time in those houses in the past. Such a view would lead to chaos and would be absurd," 


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