Rent in dv case, after order in hma24

1. i think she wont get rent as if wilful desertion proven by you.
2. order of other maint. cases can be put up for defense.
3. she filer rcr so why she askin maint or rent when you ready to maintain that would be your point of argument.
she stays or runs away is another part of story but presently she files rcr and you give a say of ready to maintain on condition of living together, she has to prove desertion by you.
4. act smart and assure the court thats its desertion by wife and not husb......run your case faster, still if rent or maint allowed argue with justice Dhingra judgement copies and ref.
5. train your lawyer if he doesnt know , guide him.......
6. fight it on merits...remember never let anyone feels its desertion by husband.........
7. i took cross exam in 125crpc of my wife.....my lawyer was managed by them so he never appeared.
8. my facts were clear....grilled her for 30 min......finally the Hon. magistrate said......."AAP DOCTORI CHOD DO AUR LLB KAR LO......, YOU ARE GOOD IN FACT BETTER THAN OTHER REGISTERED ONES.."

9.in sec.13  filed by me, i only argued in 24hma....result 2k ......
10. in crpc125 clubbed with rcr by her, interim denied case heading for final.......
11. in cross, " USKE MUH SE ON OATH UGALVAYA THAT SHE DOES NOT WANNA STAY WITH HUSB AT ANCESTRAL HOUSE IN VILLAGE........"
12. SO KEEP YOUR FACTS CLEAR BUDDY IT HELPS IN LONG TERM.

13. i dont know what will happen to cases, but it boosts your knowledge and heightens confidence which helps in long term.

14. you come to know about MERA BHARAT MAHAN and its system......
15. good luck...
16. the full credit of knowledge goes to experts of this forum ......Tajobs, shonee sir, helping hand,bharat chug and all contributing experts.......hats off.......


 

Hi..

Hope you are doing fine...

Originally posted by : fighting back
	Dear All, I would like to know if rental amount can be ordered by magistrate in dV case, Yes.  We had discussed this about a year ago, rent can be ordered, residential orders can be done, protection orders can be issued, if you fail to pay up rent or provide residence, magistrate can issue warrant and put u in judicial custody.  If you dont get caught, then he can issue NBW, issue search warrant. once order for maintainence already passed in HMA24 Even if already maintenance is passed in HMA 24, still magistrate can ask u to pay rent u/s 23 of DV act. *HMA 24 order already passed for 2500 Even if already maintenance is passed in HMA 24, still magistrate can ask u to pay rent u/s 23 of DV act.   *payment started from date of order *in 125, order passed for 3500 *case is in appeal in high court for multiple maintainence *in DV rent is being demanded along with maintainence and compensation i want to know, in DV will rent be allowed separately, or does the component of shelter is taken into consideration in hma 24 or 125 cases Even if already maintenance is passed in HMA 24, still magistrate can ask u to pay rent u/s 23 of DV act., even if under 125 crpc maintenance is allowed, you shuld be changing your lawyer.  First HMA 24 got allowed, then 125 CRPC got allowed, and now magistrate is on his way to allow rent to your lovely wife, total mismatch of work by your lawyer.  What you can do is even if magistrate allows compensation/rent to wife under DV, you can go for appeal to sessions court immediately to set aside of such order, if you do not act swiftly then you will again have to run to HC to get this rent order set aside.  Providing citations [as to multiplicity of maintenance] to the magistrate wont help as it is just trial court.  Such citations will come to use in Appelate Court only. she left my house exactly one and half year ago. i kept paying the rent for the empty house for next 6 months, she never came i didnt call her back, as she is used to run away from my house after six months of going away, she filed RCR case on me, and now the situation is as above. Pardon me dear, your wife seems to me a crackpot, she ran off and asks you to join her or take her back, why the hell did she run away in the first place? so wanted to know if i can expect rent to be ordered in DV case, Yes, u/s 23 you are doomed to pay rent if ordered, but dont worry sessions court is meant for people like you !  Go appeal get it cancelled. Simple. though i am already paying in hma 24 case, 125 is in appeal in high court for multiple maintainence against HMA 24. thanks everybody/

@helping hand....hope you are doing well too. thank you sir for your detailed explanation. i got your point, i just happened to raise this query, as i am getting conflicting replies from my lawyer.

i got your point, that idiot woman, didnot allow me to meet my parents after staying separate, so when i visited them, she disallowed me from entering the house, so i complained about this to the womens cell, they summoned her too, but she never turned up for two months, so i told the police, she is not letting me in, so until she comes to you for counselling and her complaint, i wont go, so she never turned up to the police station, i kept paying the rent, she worked in a school, and earned, i paid her money too. so after 2 months after i forced her to come to the police, she came and gave some weird allegations like, husband not coming home, blah blah, not giving money, food, keeping hungry etc, and ran off to her house, before going she approached another police station which is not in our jurisdiction, there she gave a written complaint to the police about dowry harrassment, etc etc, this complaint was not given in the womens police station just two days ago. (weird!!) so on the basis of this written complaint she has filed dV. i went to the police station last month and enquired about that complaint, they told there is no complaint, and they have also lost that paper, they never registered any FIR or NC, i got to know about this complaint in the evidence she filed in her DV case, i got a copy of that letter in her dV evidence.