Domestic violence--whether stay can be imposed?
yogesh
(Querist) 19 March 2013
This query is : Resolved
My sister in law has slapped the case of 498-A/406/323/506 against me, my father and brother ( husband). We get the bail and then I filed the case under 482 of CrPC for quashing of FIR. Notices were issued. The Police then filed the charge sheet.The High Court stayed the trail court proceedings which is now at the final stage..Meanwhile my sister in law move the application under section 125 of CrPC for maintenance of Rs 1 Lakh from my brother. She has concealed her profession and income My brother filed the reply to her application which is now fixed for arguments
Today I, my brother and my father has received another notices from the same trail court under Domestic Violence Act( u/s 12, 18) in which she has demanded 1 lakh per month money from brother by making me as well as my father as parties of the case( when I and my father has no obligation for her)
She has make our life hell one after another reason
So, I am real thankful to the legal experts forum if they guide me for maintaining of the petition against the summons issued by trail magistrate for stay and quashing of the proceedings because the worst 498-A section has already been slapped against us and she has already filed the petition u/s 125 CrPC for maintenance whether claiming same amount by using other provisions would not amount to misuse of law as it also leads to Double Jeoprady..??
Advocate M.Bhadra
(Expert) 19 March 2013
1)If double maintenance is allowed the offset one maintenance
December 1, 2010 Fighting Legal Terror Leave a comment Go to comments
Civil Revision No. 2427 of 2009 -1- ***
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 2427 of 2009
Date of decision : 23.2.2010
Gian Chand
….Petitioner
Versus
Dilpreet Kaur …Respondent CORAM : HON’BLE MR. JUSTICE S. D. ANAND
2) No Double Maintenance to wife (125 CrPc and HMA 24)
In the Bombay High Court
Ravindra Haribhau Karmarkar … Petitioner
Vs
Mrs. Shaila Ravindra Karmarkar ... Respondent
JUDGMENT: dated on 17 July, 1991
Bench: B Wahane
NO MAINTENANCE TO EARNING WIFE--------
Chaturbhuj vs Sita Bai
Case No.: Appeal (crl.) 1627 of 2007 - Bench: Dr. Arijit Pasayat & Aftab Alam - Date Of Judgment: 27/11/2007
Judgment:
Criminal Appeal No. 1627 OF 2007
(Arising out of SLP (Crl.) No.4379 of 2006)
Dr. Arijit Pasayat, J.
Raj Kumar Makkad
(Expert) 19 March 2013
In the light of subsequent notice issued by local area magistrate under various provisions of DV Act, it suggested to contest the case at lower court instead of going for quashing. You, your father and any other member of your family do not come within the ambit of respondents if their had not been any domestic relationship thereto.
Devajyoti Barman
(Expert) 19 March 2013
No, the rule double jeopardy does not apply here. The case u/s DV Act can well be filed even in presence of other cases like what you mentioned here.
