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Want to Live (NA)     26 September 2012

125 crpc & dv

Dear All,

I am paying Rs 8000pm(125 crpc) as maintenance to my wife, she is living at her parents home.

Now she has filled DV also after 2 yrs. she has denied to come back.

Is I have to pay maintenence or money in DV as well? all her allegations are fake & with proof in DV petetion.

Pls Suggest

Regards

Sunil



Learning

 5 Replies

stanley (Freedom)     26 September 2012

Courts do not order Multiple maintanence  you dont have to pay seperate maintanence in DV . What are the reliefs she has asked in DV under what sections only after knowing that can we answer .As you say the allegations are false than contest the case .

sibasish pattanayak (lawyer)     02 October 2012

sunil , if your wife file a dv case and court pass any order in her favour in that event you have to pay in default court may invoke section 31 of DV act. in this act court may direct to pay houuse rent to your wife. so court can not pass any payment order u/s 19 and compensession u/s 22. for which i beg to differ with earlier opinion with due respect. rtegards, sibasish pattanayak, Advocate,calcutta, sibasish_adv@yahoo.co.in pattanayaksibasish@gmail.com 09874854594 /09477090999 /09231668664

stanley (Freedom)     03 October 2012

Furnish the order as received in crpc 125 in the DV case . The court takes into account all the factors else it can be easily argued .

Section 19 of the DV act states 

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household

Meaning that it is for a protection order 

section 22 of the DV act is for compensation 

that if she is working and was harassed in any way from goingto work or has obtained any injuries due to DV and hence she can seek compensation .But if she is working that she cant seek maintanence for herself but only for the child if any .

Want to Live (NA)     03 October 2012

Dear All,

thanks for the advice, Sibasish & Stanley

Please reffer the below metioned points.

In short my dear wife stayed at my home only for the duration of less than 2 months. dont want to come back..only asking for huge amount of money for one time settlement which is beyound my limits.

1-498a is going on & chargesheet has been filed....now my dear wife & her family to be present in the court to record their statements on next date (dec-12).

2-125 crpc in family court (Gurgaon), final order has been passed...regularly paying rs 8000 pm to my dear wife.

3-Sec-9 RCR filed by me in delhi, case in initial stage...to attend mediation on next date (sat) as directed by courts. 

on last date Judge had a word with both of us in his chamber & I was ready for everything as per his direction but she has refused to come back at the end of the discussion. Judge was very angry & dissapointed because of her behaviour.

My last question is if I am ready to bring back her home or to take seprate house on rent to save this marriage.

regularly paying maintenance. never treated her badly, she has filled DV without having any proof, all her allegations are fake.

 

Dear Stanley if you can help me in understanding the Conscious of above mentioned factors

Please advice. 

 

Want to Live (NA)     03 October 2012

Dear All,

thanks for the advice, Sibasish & Stanley

Please reffer the below metioned points.

In short my dear wife stayed at my home only for the duration of less than 2 months. dont want to come back..only asking for huge amount of money for one time settlement which is beyound my limits.

1-498a is going on & chargesheet has been filed....now my dear wife & her family to be present in the court to record their statements on next date (dec-12).

2-125 crpc in family court (Gurgaon), final order has been passed...regularly paying rs 8000 pm to my dear wife.

3-Sec-9 RCR filed by me in delhi, case in initial stage...to attend mediation on next date (sat) as directed by courts. 

on last date Judge had a word with both of us in his chamber & I was ready for everything as per his direction but she has refused to come back at the end of the discussion. Judge was very angry & dissapointed because of her behaviour.

My last question is if I am ready to bring back her home or to take seprate house on rent to save this marriage.

regularly paying maintenance. never treated her badly, she has filled DV without having any proof, all her allegations are fake.

 

Dear Stanley if you can help me in understanding the Conscious of above mentioned factors

Please advice. 

 


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