Greetings,
1. I am facing all false cases filed by my wife i.e. 498a, DVC, Maintenance crpc 125 from last 4 years.
2. At present stage in DVC magistrate has passed the Interim order (Prima Facie) Rs: xxxx thousand to be paid every month on or before 10th, court has passed this order 14 months back.
3. As I do not have any job at present and I have paid up to six months regularly and after that I have been giving every date Rs:100 to Rs 1000 some times she is accepting and rejecting the amount to take.
4. Now, Magistrate is asking me to pay the whole complete arrears so that I can cross the PW1 (wife) other wise court is not allowing to me to cross pw1.
5. I have filed 311 petition, in this magistrate allowed the petition but on condition saying that to pay the complete arrears and given 15 days of time.
6. I am not able to pay the amount on next date, so magistrate has closed the pw1 cross. I have appealed in sessions court, even in sessions court, Judge was asking me to do labour work and pay the interim maintenance to wife, in sessions also appeal has been dismissed.
7. Now I filed a petition in high court of state, It is in pending.
8. Mean while I have filed a petiton CPC 16 with crpc 311 for proposed witnesses, which I ma ready to deposit the court amount for sending the summons to other party i.e. proposed witnesses.
9. For this also Magistrate in dvc case allowed the petition on condition to pay the remaing arrears ad given 15 days of time, for not paying the arrears magistrate again dismissed the petiton.
My Question:
1. In DV act is there any such powers to magistrate to dismiss the petitition on condition for not paying the arrears, because what ever petitition i file, magistrate was allowing on condition, DVC also not proved, its only two days of marriage, magistrate is giving only one sided orders.
2. In CrPc 125 Judge was ready to club the DVC maintenance + Crpc Maintenance =? , Is it good to combine the two interim maintenances in two different cases, In crpc 125 cross exam has done to pw1 from my end, in this case also I have filed proposed witnesses petition, after looking at the petition judge was decided and telling that he has to allow some interim amount in crpc 125 too.
Any suggestions on this please!!
