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Fraud_victim (Manager)     09 June 2014

Dual maintainence

How is maintenance under section 125 different than maintenance u/s 24? my wife was awarded an interim maintenance in DV court in July 2009 in MM court, Mumbai. 

In another court (Haryana where I had filed annulment of marriage u/s 12) she filed application for maintenance in April 2009, against which order was passed in Aug 2009 (maintaining same order of DV  court)

In Nov 2011, HC in Haryana rejected her another pleas of enhancing the maintenance u/ 24.

In Sep 2010 she had made another plea in DV court (Mumbai)  for enhancement of maintenance which was rejected/ dismissed in Aug 2011.

Later in July 2011, she filed maintenance/ enhancement  u/s 125 in Haryana session court, for which I have not yet been summoned (she tried giving summon unofficially to me which i refused to accept).

Now she has got the DV case transfered to haryana from Mumbai (same court where she has filed main u/s 125) and i will be appearing for these cases soon.

I was employed until last year and earning decent (she has my ITR till 2013 through HC), however i am unemployed from last 1 year and have no source of income and have managed to survive with my savings & petty jobs. 

She was sharing common household till aug 2009 when interim maintenance was given, but in sep 2009, left to her parents' place (claiming that i have thrown her out, though the fact was that i wanted to move to another house along with her as my aged parents were getting harrased by her ).  Now i can not take her back with me as false DV case has been filed & she goes in extremes to create false evidences.

I request experts to guide me on this as my financial situation has changed over the period of time and while its difficult for me to survive with a job, i can not afford additional maintenance levied on me.



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 June 2014

Wife is  not entittled for dual maintenance.  You challenge the one of the orders 

great india (manager)     09 June 2014

Absolutely right. Refer haribhau karmarkar V/S shaila karmarkar. Law is settled and absolute now. Multiple maintenance strict no no. Btw congrats for dismissing her cases now n then...... Good job bro.... Wats the quantum of maintenance. Any kids

Fraud_victim (Manager)     11 June 2014

no kid.. 5500 pm, but it has hit me a lot as now without a job, its difficult to pay .. will ultimately lead to begging, borrowing...in between had to pay legal charges + 15000 pm during pendency of case in (1 year in HC).. 

Gautam Kapoor (IT professional Studying Law)     11 June 2014

I go with Mr.Rajiv.She is not entitled for dual maintenance (under 2 diff statuetes).. ask you lawyer of the same.


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