Compensation under 125(crpc) & dv act
SANKET UPADHYAY
(Querist) 14 March 2014
This query is : Resolved
DEAR SIR,
PETITIONER HAS FILLED TWO CASES ONE FOR MAINTENANCE UNDER 125 OF CRPC AND SECOND FOR DOMESTIC VIOLENCE UNDER DV.ACT. IN FIRST CASE COURT HAS PASSED THE ORDER FOR MAINTENANCE RS 5000 P.M. SECOND CASE IS ON THE STAGE OF FINAL ARGUMENT. PETITIONER HAS CLAIM RS.200000 FOR MENTAL HARASSMENT,AND 15000 P.M AS A COMPENSATION.CAN COURT GIVE ORDER FOR DOUBLE COMPENSATION? THERE IS NO EVIDENCE ON RECORD FOR MENTAL HARASSMENT.THERE IS ONLY ALLEGATION MADE BY PETITIONER. KINDLY GIVE ADVICE.
ajay sethi
(Expert) 14 March 2014
court has to consider evidence on record . if no case is made out no compensation would be awarded . complainant has to prove her case .
maintenance and compensation are 2 separate issues . there is no question of awarding double compensation
Rajendra K Goyal
(Expert) 14 March 2014
Agree with the expert ajay sethi ji, compensation is decided on the basis of evidences and merit of the case. Double compensation can not be awarded.
Devajyoti Barman
(Expert) 14 March 2014
Yes, court cna give order for maintenance in both cases without adjusting quantum of maintenance with each other.
IT IS PERMISSIBLE UNDER LAW.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
Though the court can grant maintenance in DV case also in addition to the maintenance already been granted in 125 cr.p.c. case, the quantum of maintenance amount will be decided on the basis of already decided amount, especially in the event of the respondent claiming his inability.
