Maintenance under dv act

As family court as already granted order dv  maintanance will not be maintainable if maintainance under 125 crpc. is granted than Dv order is not tenable . It is also surprising how you were asked 8,000 maintainance as your income is 12,000/-

For any query you can call 9833116807

Adv. Nikhil Seth

mumbai .

If she is already getting maintanecne undr CRPC 125 she cannot claim dual Maintance .You would have to convey to the court that you are already paying maintanence Rs 8000 ordered by so and so court .Here is a judgment regarding rejection of dual maintanence .

In the HiGH COURT OF DELHI AT NEW DELHI
Date of Reserve: August 25, 2010
Date of Order: 30th August, 2010
Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010
30.8.2010

Rachna Kathuria ... Petitioner
Through: Mr. P.Narula, Advocate

Versus

Ramesh Kathuria ... Respondent
Through:Mr. S.S.Saluja, Advocate

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? Yes.
2. To be referred to the reporter or not? Yes.
3. Whether judgment should be reported in Digest? Yes.

JUDGMENT

By this petition under Section 482 Cr.P.C. the petitioner has assailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the
petitioner was dismissed.

2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition.

3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed.

SHIV NARAYAN DHINGRA, J.
August 30, 2010
vn

Source link:
https://lobis.nic.in/dhc/SND/judgement/31-08-2010/SND30082010CRLMM1302010.pdf

Her case under DV act for maintenance will not suceeed as she is already getting Rs. 8,000/- under 125 Cr.P.C. Again, like Adv. Nikhil Seth mentioned, it is surprising that she was awarded Rs. 8,000/- when your income is Rs.12,000/-.

You ought to file an appeal again the the amoun awarded in 125 Cr.P.C. as ideally it should be 1/3rd of the income of the husband. Which would be around Rs.4,000/-.

Thanks for the advice dear Experts,

Family court gurgaon has not given me any chance to produce my income documents or you can say my lawyer was not capable enough to counter my case.

my bad luck not ends here...my petation was dismissed in high court as well(please find the attached order copy).

stating that it her right to claim maintenance. please note I am ready to bring her back home from the day one  & telling this infront of each & every concerend authorties. I dont want to end this relationship. she is the one who dont want to come back.

1- What are the other factors of DV act which me & my family have to suffer in near future. all her claims are baseless & she only want a huge sum of money which I am unable to pay.

2-what are the other options to reduce this maintenance amount as per my income.

Please advice

All of you are doing a great job..may god bless u all

Thanks & regards

Its true your lawyer was not capable of countering your case .You could have sumbitted your income documents by way of an application to the court as a matter of fact your lawyer has not guided you in a proper manner . There is no hard and fast rule for maintanence at least in india .you would have to file and appeal to reduce the maintanence .

What are the other reliefs she has asked for in DV case and under which sections  leaving aside maintanence which she would not get ..As you say the allegations are baseless than contest the case .

how to track through online to check what is happening in our cases in maintenace..???

Dear Aadil , 

There is no online tracking for maintanence either be present  for the trial and  see whats going on :-) 

Hello everyone,

trying to get some more perspective into the maintenance cases here.

What happens if a mntc case under CrPC 125 is already subjudice with MM Court and on top of that another case if filed under DV act?

Can both cases run parallely or filing a second mntc case is not admissible?

Is it true that mntc under DV act is fast track in nature and thus the decision could come up early?

Hello Experts,

I got married last year with Hindu rituals and just after 2 months my wife filed DV case on me and my family for physical , mental torture now threatning me to file 498A if didn't met her demand of huge money.

Currently DV case is going on and i am worried as how much maintenance i have to pay her.
My wife is able bodied and well qualified women (M.Sc and B.Ed), but she is not working.

I am currenty earning 60K per month out of which i have to pay 15K as home loan and i have to maintain my parents and grand parents also.

I know that maintenance is dependent on various things like-

(i) Status of the parties,
(ii) Reasonable wants of the claimant,
(iii) The income and property of the claimant,
(iv) Number of persons to be maintained by the husband,
(v) Liabilities, if any, of the husband,
(vi) The amount required by the wife to live a similar life style as she enjoyed in the matrimonial home keeping in view food, clothing, shelter, educational and medical needs of the wife and the children, if any, residing with the wife and
(vii) Payment capacity of the husband.

So could you please tell me how much maintenace in this situation i have to pay her?

Also could you please suggest some possible way i can reduce my maintenance amount (by increasing home loan, voluntary PF deduction, life insurance for me and my parents) ?

Thanks in advance.

Regards,

Raghu

FIRST WANT TO LIVE- you have made many posts on this site so it is not known what is the current position.

People make the mistake of jumping to HC   where no results are possible and even the lower court case is spoiled.

You must fight the case properly in lower court and DIVORCE is no solution since the maintenance liability will be there.