Kiran Kumar (SE) 23 May 2011
Hi
My wife failed case for asking maintenance under 125Crpc , DV .
As i am working in private sector ( MNC ) i changed my job and my wife not aware of new job / location.
How court will act in this situation if i say that i am Unemployeed ,
Is there any chance so that my wife can prove that i am employeed and getting good salray .
A V Vishal (Advocate) 23 May 2011
“Domestic Violence Act does not create any additional right in favour of a wife regarding maintenance. It only enables the magistrate to pass a maintenance order as per the rights available under the existing laws,” .
Refer Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. (Delhi HC )
YOu are right Mr. Vishal, but unfortunately the implementation of these laws is different in different states. Delhi does follow the above stated theory and citation, but some other states are at full liberty to ignore the same. They take advantage of the fact that the highest level does not entertain interim matters easily, so no matter how odd their decisions are, those get sustained.
Mr. Kiran, I think you will need to inform which state you belong to then we will b able to provide you with relevant citations. You need to search for a similar judgment from your state's own HC, as there are many states which are stil allowing multiple maintenances that is both in DV and section 125. I hope you are lucky and do not belong to those.
Kiran Kumar (SE) 23 May 2011
Hi,
I am from Karnataka
Great, luckily this rule IS VALID in karnataka. You can use it and try these good citations also:
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH, CR NO.4813 OF 2009 (O&M)
DECIDED ON : 25.08.2009, Raman Ahuja @ Banti versus Vandana
Rachna Kathuria Vs. Ramesh Kathuria, HIGH COURT OF DELHI AT NEW DELHI, Date of Reserve: August 25, 2010, Date of Order: 30th August, 2010
you can find the full versions on indiakanoon, also on the respective court sites.
All the best, and if you get a favorable judgment, please help others too with the same! :)
Kiran Kumar (SE) 23 May 2011
Thank you very much for your kind reply....
VictimOfBiasLaw (Professional) 23 May 2011
what is better strategy for crpc-125 ?
hide onself and office address this way not accepting summons ( as i m abroad and my wife file crpc-125 , she know my office address but i can change it )
OR
Accept summons and fight crpc-125 ?
VictimOfBiasLaw (Professional) 23 May 2011
what is better strategy for crpc-125 ?
hide onself and office address this way not accepting summons ( as i m abroad and my wife file crpc-125 , she know my office address but i can change it )
OR
Accept summons and fight crpc-125 ?
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