Ask maintenence in three cases
Prashant Shah
(Querist) 08 October 2011
This query is : Resolved
I am Prashant Shah. My wife has done 8 false cases on me and my family as 498/DV/125/sec.9 etc. She had done 125 & sec. 9 in 2008 and at that time I had done sec. 9 in family court. At the same time 498 & DV were done by her in 2008. Due to section 9 done by both of us court has closed 125 and both section 9 and gave conditional judgments. Conditions are (1) She has to live with me and my family peacefully and don’t make quarrel. If she will break this condition she will not entitled to get maintenance. (2) I have to keep her happy and live peacefully. If I kick out her from home then I have to give her maintenance as Rs. 2000/- to her and Rs. 1000/- for my 3 year old son. My son is living with her since his birth. Court had given the above judgment in three cases i.e. 125, Section 9 (done by her), Section 9 (done by myself). I have taken her to my home on same Day of Judgment. After living with me for 20 days, she left my home without any reason and registered a false chapter case on me at police station that I have kicked out her. After that she has done application to court to start maintenance of Rs. 3000/- per month as per judgment of Section 9 which done by her. Same time she had done 125 again but it was opposed by my lawyer and then after 5 months she has withdrawn 125. After that she has done 127 to increase the maintenance due to inflation. I, my lawyer and her lawyer discussed the case out of court and we agreed to pay Rs. 3000/- per month since she left my home. But now in court they demand for Rs. 3000/- per month in three cases (125, my section 9 and her section 9) as all cases judgment is same. Judgment in all three cases was letter, word wise same we can say carbon copy. So now they ask for total Rs. 9000/- per month. Now I would like to know is it possible one can ask for same maintenance in three different cases. Is there any judgment from Supreme Court related to same maintenance in different cases?
ajay sethi
(Expert) 08 October 2011
court has passed order in 498 A case and 125 case that in case of split rs 3,000 should be paid to her .
drawattention of the court to said order.
merely because she has filed 3 cases dos not mean that she will get 3,000 maintenace in each case .
how much are you earning per month ?
it appears your wife does not wan to live with you . get divorce by mutual consent
Shonee Kapoor
(Expert) 08 October 2011
Though maintenance passed in diffirent cases are normally offset, it doesnot happen in void, you have to apply for it.
However, your is a plain case, where the court has stated a specific sum in case something happens.
So just 3,000 would suffice.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 08 October 2011
she is one, her maintenance would be also one by any imagination,hence she is not entitled to more than Rs.3,000/=only per month.It does not require any ruling or case law.
Prashant Shah
(Querist) 09 October 2011
Thanks for help by giving prompt reply to my query. Right now the technical problem is these are same judgements in three cases. Judgements are given on 29 August 2009 and same day I took her to my home. After 20 days, she left my home on 18th September 2009 and filed false chapter case on me and my mother. She had filed 125 to get 10000 per month on 9th November 2009. Also She had filed application under civil procedure code, order 21, rule 11 for getting Rs. 15000 for 5 months (3000 * 5) on 3rd February 2010 based on section 9 done by her. I filed my answer that she is not entitle to get this maintenance as she left my home without any reason. I have not kicked out her. If I pay her 15000 it means that I have accepted that I kicked out her and entitle to pay her. It will be a problem in DV & 498. B'cos DV and 498 is already running so I need to prove that I have not kicked out her in chapter case. After 6 months she withdrew her newly done 125 and then filed 127 for getting 17000/month based on 125 which was done by first time on 26th December 2008. Now my question is that she is asking 15000 in section 9 for 5 months and asking 17000 per month in 127 based on 125. Is it valid a wife ask maintenance in section 9 and also ask increment in 127 based on 125 rather than based on section 9? As per my thinking if wife ask maintenance in section 9 then she ask increment on the bases of section 9 only, am I right?
