Maintenance and dvc

both cases are in different court. one is solved family court and now she went and filed dvc and mainatance again ... she is just harrasing me .. is any solution to stop it

 

She can only get one maintenance which she already got for  herself, this fact is well known to her lawyer still he made her to file complaint under the DV Act. In DV Act now she can maximum get order for protection from you and order for residence for herself .

You file for divorce against her on the ground of cruelty and desrtion for more than two years in the Family Court.

she filed complaints against me in 4 different police station no one took her case because its a false case.

i filed divorce 2 years back only.. she never accept the summons.... and finally the court moved the case to her local court where her parents residence last month.

 

 

one question: if the family court grant a mainatance amount does the dvc court  has a right to change the mainatance amount ??

 

 

Maintenance is granted only once. DVC is entirely different case.Basing on her financial position, and increase in ur incom ,she can only ask for enhancement, that too in the court which granted maintenance. Hence presently it is not main tenable.Her lawyer is misguiding her.

all she is doing making me run around in different courts and stand me like a criminal.. i told her tell me what ya need ill pay u..u move on let me move on with my life.. she is like.. ill make sure u wont marry any one..i wont marry any one ..physco 

 

 

There is no such bar that she cannot claim maintenance under different provisions of law.  She can claim maintenance under section 125 cr.p.c., another under the provisions of DV act, another under the provisions of HMA.

The court will decide the quantum based on th maintenance already granted by another court. under a different provision of law. 

Is it true that DV must be filed within one year after the actual occurence of DV ? I have seen in other posts lawyers suggesting so. Well it can technically be filed years later, but wont be sustainable when contested.

If your wife separated 2 yrs back, and now filed DV, it wont have much merit in the first place. Lawyers can confirm this.

She can file an application under DV Act, HMA and 125 Cr.P.C. for interim maintenance but when she will file a fresh case under DV for interim maintenance she has to disclose that she has filed any other maintenance case like under 125 or HMA. In any case it is a settled principal that when an interim maintenance order has been passed by different courts then the higher amount is to be paid. Example: Lets say the family Court has directed you to pay Rs.2,500/- per month till the final disposal of the case and simultaniously in a DV case Court asks you to pay Rs.3000/- per month till the final disposal of the case then you have to pay Rs.3000/- per month only. 

But there have been situations where some girls have played it smart and claimed the maintenance from both the Courts and Courts are technically bound to enforce their orders as no Court can pass an order saying that dont comply my order as you are complying with some other Court's order. So in that case one has to approach the Higher Court for orders for paying the only higher amount and not both.