Dv case is dismissed, want to use the dv case judgemnt in crpc 125 case
DV victimmmm
(Querist) 27 February 2013
This query is : Resolved
Dear All, Wife had filed DV in Nov 2011 and crpc in Nov 2012. crpc 125 case is same as DV case, only the name of law is changed in the application.
In the DV case, interim maintenance was rejected and it is dismissed today(27/02/2013)by the JMFC court.The court mentioned following points in the judgement.
1. Wife alleged that she was not provided medication during her pregnancy.I submitted all the medical documents for the treatment which was done by me.Wife agreed to those documents.
2.Wife alleged that she was never allowed to go out of the house during her stay with me.I submitted certificates about different educational courses she did after marriage. also she admitted about visiting her mother's house many times during 3 years of her stay with me.
2.Wife said that I did not bring her back to my home after pregnancy. I submitted medical documents of my daughter's treatment and vaccination which was done by me at my home town. Wife agreed during her cross examination about daughter's vaccination and also agreed that she lived with me after pregnancy also and she is living at her mother's house went there for her brother's wedding.
My question is , can I use this judgement to quash the crpc 125 case.Kindly advice about the same. Thanks
ajay sethi
(Expert) 27 February 2013
you can state that wife has deserted you without sufficent cause . hence not entiled to maintenance . all the allegations are flase as is borne out by judgement in DV case wherein her application for interim maintenance was rejected
DV victimmmm
(Querist) 27 February 2013
Thanks a lot Sethi Sir for your quick reply.Should I contest the crpc 125 case and mention all this in my reply or should I approach the high court for quash?Please advice about the same.
DV victimmmm
(Querist) 27 February 2013
changing the status of the query to open
Rajeev Kumar
(Expert) 27 February 2013
As per as DV Case judgement your wife has deserted you which is the sufficient cause and hence she is not entitled for maintenance. Your DV Case Judgement will work well in the Crpc 125 case.
ajay sethi
(Expert) 27 February 2013
contest the 125 CR pc case . dont go in for quashing . what are your wife qualifcations is she working lady ?
Raj Kumar Makkad
(Expert) 27 February 2013
I do agree with the advice of Ajay but on the other hand, this is also a settled law that a husband has to pay maintenance to his wife if she is not capable to maintain her irrespective of her desertion.
DV victimmmm
(Querist) 27 February 2013
@Sethi Sir: OK, I will contest the case.My wife has done her masters in English Literature and is a teacher in a private school.But I can't prove it as she is a temporary employee there and no record is maintained about her salary.She is also trying to get government job and I have the proofs about exams she appeared for getting job.
Thanks a lot Makkad sir and Rajeev Sir for your valuable inputs.
Devajyoti Barman
(Expert) 28 February 2013
Dismissal of DV case IS NOT SUFFICIENT TO QUASH 125 CASE.
Since judgment in DV case is passed by court of concurrent jurisdiction, the same is not binding upon another magistrate though you may use the evidence of one case in another.
Raj Kumar Makkad
(Expert) 28 February 2013
If you cant prove the employment of your wife on the basis of any documentary evidence, she shall definitely get the maintenance and merely applying govt. job is not a good ground to deny her maintenance.
DV victimmmm
(Querist) 28 February 2013
Thanks a lot Barman Sir and Makkad Sir.
Does this mean that wife is entitled to maintenance even if she has deserted her husband on her own and filed false cases against him. Does the quantum of maintenance reduce by looking at such facts? Can I request the Hon Family court that my wife has not come with clean hands and she should be given a maintenance which is just sufficient for her daily needs.Current she is asking for a maintenance of 35 thousands per month :(
ajay sethi
(Expert) 28 February 2013
what is your income ? wife may ask for the moon court is not going to grant it .
draw attention of the court to her qualifcations that she is MA in english literatrure and working as a teacher . these days even teachers in pvt schools get around rs 25,000 per month .
ajay sethi
(Expert) 28 February 2013
Sub Section 4 of Section 125 Cr.P.C. can be pressed in the present matter, which reads as under: 4
“(4) No wife shall be entitled to receive an [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent”.
From the perusal of sub Section 4 of Section 125, if wife refused to live with her husband without any sufficient reason, she would not be entitled to receive any maintenance.
Wife is entitled for maintenance from the husband under sub Section a (1) of Section 125 Cr.P.C., if she is unable to maintain herself.
ajay sethi
(Expert) 28 February 2013
In the case of Smt.Rohtash Singh v. Ramendri (Smt.), 2000 (2) R.C.R (Criminal) 286, it was held by the Hon’ble Supreme Court that a wife is not entitled to maintenance who has deserted her husband
DV victimmmm
(Querist) 01 March 2013
Thanks a lot for this detailed reply Sethi Sir!. Your suggestions have helped me a lot in the past also.Actually I am jobless now and wife is earning. I will do my best to prove that she is earning right now.
Thanks and Regards,
DV victim
