It is a short and sweet (depending on the ears) judgment which denies fresh application for maintenance under PWDVA (DV Act) when a previous maintenance under CrPC 125 is already decided. Another crisp and clear judgment by justice S N Dhingra.
π(Read Online eBook): Alimony and Maintenance under Hindu Lawπ
Important part of judgment below:
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.
Full judgment text below:
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: August 25, 2010
th
Date of Order: 30 August, 2010
+ Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010
30.8.2010
Rachna Kathuria β¦ Petitioner
Through: Mr. P.Narula, Advocate
Versus
Ramesh Kathuria β¦ 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 22 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 3
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.
August 30, 2010 SHIV NARAYAN DHINGRA, J.
vn
IF WOMEN FILED CASE CASES U/S 406 IPC, U/S 12 OF DV ACT, U/S 125 & 24 OF CRPPC, AT GAUTAM BUDDH NAGAR, GREATER NOIDA (UP) AGAINST HER HUSBAND ON APRIL 2015. (MATRIMONIAL HOUSE- NOIDA)
LATER ON ALL ABOVE MENTIONED CASES WITHDRAWN ON MAY 2015 BY WIFE HERSELF STATING THAT IN HER RETURN APPLICATION “I WANT TO CARRY ON THE THIS CASE AGAINST MY FAMILY”, ALSO, THE NOTICES WAS NOT YET SERVED TO HER HUSBAND & OTHERS.
IN JUNE 2015 MONTH SHE AGIN FILED CASE U/S 12 OF DV ACT IN DWARKA COURT. AND U/S 125 CRPC IS IN PROCESS TO AGAIN FILE IN DWARKA, THOUGH WITHDRAWN FROM SURAJ PUR COURT,GEATER NOIDA.
MY QUESTION IS:
AFTER REGISTERING A CASE IN NOIDA, THEN APPLIED FOR WITHDRAWAL (FROM NOIDA) IN NEXT MONTH. CAN THE SAME WOMEN FILE SAME PLEA IN ANOTHER COURT (DWRKA, DELHI)?
I think so. The place should lie in jurisdiction as per DV Act
This is wonderful site and giving lots of support to guys like me.Almost all mentioned in site has happened with me me.But due to misuse of laws by women party ,we cannnot do much.I am also victim of same for last 7 years,but do not have any case against me.But only 1 thing is that i am not able to spend time with my daughter as she is has been staying at inlaws with my wife for various reasons.
What are the welfare things i can do for my 5 years daughter who is staying in my inlaws place for last 2 years with my wife suffering from mental disorder post giving birth to my daughter.i stay in another city 250 km away from her and meet her in 3-4 months. my inlaws are not ready to send them to my house and blame us for her mental disorder and demanding 50lakh as permanent alimony due to my job and house i own.no case or any legal action till now from either ends.i am ready to accept them but inlaws do not want to give medical documents fearing i will file divorce on medical grounds.i am depositing money for my daughter in post office in sukanya samruddhi account for her future.Need advise on how my family members should deal wth my inlaws incase they keep on calling and demand alimony.