Crmsc 125 section can give accomodation ?

Right to residence is available to wife that she can avail from her husband under the Protection of Women From The Domestic Voilence Act, 2005. File a complaint under this Act for seeking place of residence with all facilities those were being provided to you while you were living in the matrimonial home with your husband. The Family Court under the Hindu Marriage Act,1955 and under section 125 CR.P.C are not authorised to order for interim place of residence for wife under both these the wife and children are entitled for maintenance that has been allowed, rest if you feel the amount not sufficient, you can seek enhancement move the High Court against the order for maintenance amount.

Vijay Sir, Thank you for your kind response. The amount is sufficient for maintenance and education, medical excluding rent. One lawyer in court said if I go to high court for appeal it will be against me as it is a good order. I do not know my husband may approach the high court. 

Please tell me shall I go for the increment to the high court or only ask for the house under DV as you said Hindu marriage act do not provide accommodation? I am not able to take the decision. If DV case will weaken my divorce dismissal appeal?

With regards

DV will not give you any relief as you are alredy getting inteim maintenance, court will not allow any interim relief to you and for final relief you have to prove your allegations

Hello Sachin Sir,

It is final relief only.

You can only file for increase in maintenance on the ground of change in circumstances in the same court who granted you the maintenance

The descripttion of your case sounds confusing, especially things like 'can I appeal for dismissal..." You can only appeal what the lower court has ordered. 

You seem to be as confused as the descripttion of your case. If you are not satisfied with the maintenance order, you can file an appeal. In any event, you cannot base it on a future event such as future increase in his salary. You can go back to the lower court when his earnings increase and seek increase in the lower court and if the lower court refuses, then and only then can you appeal and go do the High Court. 

This is, I presume, an interim maintenance order as your main case is still going. Right? He filed the divorce case, right?  On what grounds did he file? Desertion, Cruelty or mental instability or some other ground?  Divorce cases do not get dismissed at the outset unless there is mutual consent divorce, a settlement, withdrawal of the case or some such legal conclusion. Otherwise, you need to go through the motions... filing affidavits, witnesses, cross-examinations, etc. If he withdraws the divorce case, all his allegations are deemed condoned and cannot be repeated in subsequent divorce case filed by him...

It appears that you have been separated for a long time? If more than 1 year, your DV case will get thrown out even if the merits are genuine. Do not complicate issues by filing a DV case. Only your advocate will benefit, if you hire one. 

When it comes to evidence and affidavit, you need to present all that you have, at one time. Occasionally the Judge may allow you to submit more later but only if you have a valid reason for not submitting earlier.  You must also get it marked during cross-examination as an Exhibit otherwise it has no evidentiary value. 

Representing yourself in Family Court is a great idea but you must do a lot of reading and understand the pitfalls.  

File an application under section 125/3 Cr.pc for enhancement of interim maintenence .

Secondly as above suggested by my Senior that there is no provision in Cr.pc 125 for right to residence but you can file complaint case in domestic violance for right to residence as per the status of your husband. (principle of equi status) .

Rest even you or your husband both of you can not give divorce to each other under hindu law, only court can grant after the satisfaction of court.

if your husband says that he will change his religion it does not mean that he can marry again beacuse you were actually hindu and bigamy will still consist as you have always have right to sue him for the offence of bigamy and the second marriage will not stands ever valid marriage in the eyes of law till the time court has not grant the decree of marriage your husband can not marry gain by taking shelter of change of religion. 

Regards

Jaspal S Maini(Adv)

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