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Walter white (Private employee)     11 March 2017

Multiple maintenace cases under sec 24 hma and crpc 125

I have filled divorce. In response respondent filed objection to the divorce along interim maintenance under Sec 24. Interim maintenance of 7k granted. She again filed DVC in that case also she is asking maintenance. Can she ask maintenance twice?



Learning

 8 Replies

Sachin (N.A)     11 March 2017

Same query with multiple ids ?

https://www.lawyersclubindia.com/forum/details.asp?mod_id=147775&offset=0


(Guest)

New ID wont get another reply.  Looks like you are also one useless fellow, you can use smartness in creating IDs but cant lead happy marital life smartly.   Reconcile with wife would be my advice.

stanley (Freedom)     11 March 2017

Multiple maintenance not allowed here is the judgement 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: August 25, 2010 Date of Order: 30th August, 2010 Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010 30.8.2010 Rachna Kathuria ... Petitioner Through: Mr. P.Narula, Advocate Versus Ramesh Kathuria ... Respondent Through:Mr. S.S.Saluja, Advocate JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of local papers may be allowed to see the judgment? Yes. 2. To be referred to the reporter or not? Yes. 3. Whether judgment should be reported in Digest? Yes. JUDGMENT By this petition under Section 482 Cr.P.C. the petitioner has assailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the petitioner was dismissed. 2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition. 3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed. SHIV NARAYAN DHINGRA, J. August 30, 2010 vn

Read more at: https://www.lawyersclubindia.com/forum/Can-wife-claim-maintenance-in-125-crpc-amp-in-dv-separately--68672.asp

whatnot   12 March 2017

Skyler truning out to be cancer herself?

DV is currently abused to get maintainace and used as whip to stir out a better deal on divorce.

Drag the case . There are quite a few competenet lawyer in doing so. And if no intriem in maintainance is passed in DV, then you have go at it stating she is enjoying maintainance.

 

Other way to do is file an appeal on IA (7,000) based on latest fact and stop payment until new hearing happens. But save the money.

 

As to paraphrase Walter white . stop being provider to the family.

Riddhi Soni (genpact)     23 March 2017

if someone doesnt give maintenece even after the court orders then? 


(Guest)
Originally posted by : Riddhi Soni
if someone doesnt give maintenece even after the court orders then? 

Then vakeel, jujj, your husband including you are all ghatiya laughdevil


(Guest)
Originally posted by : Riddhi Soni
if someone doesnt give maintenece even after the court orders then? 

Best is to go back to husband and hold his....

and tell rehem maalick rehem.. slurp slurp laughcheeky

stanley (Freedom)     24 March 2017

Originally posted by : Riddhi Soni
if someone doesnt give maintenece even after the court orders then? 

Your english seems good and you are literate capable of working . But yet you want easy money from your huisband . people like you who are lazy and want money without working than option for you is to become kam wali bhai and wash bhartan's sweep floor etc .


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