Domestic Voilence
INDIAN LADY
(Querist) 20 October 2013
This query is : Resolved
Respected All , 3 Cases already running 125 and 498a from My side and HMA 13 from Husband . Husband went to jail for 5 days . Now if I file DV. In what manner this will help me ? As my husband filed HMA 13 then how I will get the compensation ?
Devajyoti Barman
(Expert) 20 October 2013
In DV CASE THE COURT MAY AWARD MAINTENANCE IN YOUR FAVOUR WHICH MAY BE IN ADDITION TO WHAT YOU GET FROM THE PROCEEDING U/S 125 CRPC.
M.Sheik Mohammed Ali
(Expert) 20 October 2013
All ready you were filed compensation petition, if you filed DV act you can revenge him. otherwise nothing and you can claim monetary relief from DV act. where are you from ?
INDIAN LADY
(Querist) 20 October 2013
Can I file DV after 13 months of separation ?
Advocate M.Bhadra
(Expert) 20 October 2013
For determination of temporary maintenance multiple Maintenance Cases, sec.24 of HMA, sec.125 Cr.P.C and sec.29 D.V.Act does not lie. However, you can file a Petition u/sec.24 and afterward a petition u/sec 25 of H.M.Act in the court where your husband has filed a Divorce Suit.
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 Crl.M.C.No. 130/2010 Page 1 of 3 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 Crl.M.C.No. 130/2010 Page 2 of 3 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.
August 30, 2010 SHIV NARAYAN DHINGRA, J. vn
Crl.M.C.No. 130/2010 Page 3 of 3
INDIAN LADY
(Querist) 20 October 2013
Sir , I hv gone thru the above judgement. In my case till now no interim is decided in 125. So can I file the DV ?
INDIAN LADY
(Querist) 20 October 2013
Sir , I hv gone thru the above judgement. In my case till now no interim is decided in 125. So can I file the DV ?
Devajyoti Barman
(Expert) 20 October 2013
Yes , DV case can be filed at point of time provided the abuses as defined in the Act is continuing.
INDIAN LADY
(Querist) 20 October 2013
To which thing we can say cruelity. If some one has beaten 13 months back how it can be proved now but in enquiry of 498a Iao has mentioned in FIR that ki MUJH SE MAAR PEET KI GAYI HAI like this. Is it sufficient or advocate can handle all these things to prove. But these is no Medical etc is with me to prove this. I heard that the statement of a lady is in court is sufficient to persue the suit. Is it so ? Pls help. My husband and in laws want to leave me in the demand of some money after two children . I do not want to leave any corner to get my child back . If this is revengful so what. They had tortured me alot during my living at my matrimonial home for their greedyness. They should also feel the heat. Kindly tell me Can I file the suit after 13 months and is my statement in court is sufficient to prove or advocate can handle all these.
ABDUL RAZIQUE
(Expert) 21 October 2013
consult your local lawyer, he can help you.
Devajyoti Barman
(Expert) 24 October 2013
For DV you need not show mere cruelty.
Even refusal to give you shelter is abuse and gives you right to initiate action under PWDV Ac.
Sarvesh Kumar Sharma Advocate
(Expert) 20 October 2013
