Men Rights India

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Maintenance CrPC 125 Judgments » Multiple maintenance under DV Act denied when CrPC 125 already decided

Multiple maintenance under DV Act denied when CrPC 125 already decided

12 Oct 2014 By videv 3 Comments

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.

πŸ‘‰(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act πŸ‘ˆ

πŸ‘‰(Read Online eBook): Alimony and Maintenance under Hindu LawπŸ‘ˆ

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:

————————————–

              * 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                                          … 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 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

READ:  Factors for increase in maintenance under CrPC 125 and CrPC 127

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

Links to Free eBooks

1. Download my free PDF eBook Surviving the Legal Jungle

2. Read this FREE eBook written by fathers involved in child custody issues (Read Online) (PDF book)

3. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Read Online)

Links to Paid eBooks/Books


1. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Digital eBook) (Print Paperback)

2. Self-study Book on Divorce for Men (Digital eBook Only)

3. Alimony and Maintenance under Hindu Law (Digital eBook) (Print Paperback)

Related Posts

  1. Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending
  2. Woman can’t evict husband just because she pays EMI: Mumbai Family Court

Filed Under: Maintenance CrPC 125 Judgments Tagged With: Maintenance, S N Dhingra

Comments

  1. HEMANT KUMAR says

    November 22, 2015 at 12:27 pm

    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)?

    Reply
    • videv says

      November 23, 2015 at 4:00 pm

      I think so. The place should lie in jurisdiction as per DV Act

      Reply
  2. NK says

    August 6, 2015 at 11:28 am

    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.

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines (for quick guidance only):
(Be respectful to volunteers, & we don't advise on divorce)

1. Kannada/Hindi/English: +919738010456
2. Tamil/English: +919962514226

Join our WhatsApp/Facebook groups for FREE guidance/discussion

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


πŸ‘‰(Read Online eBook)πŸ‘ˆ
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Today’s Popular Posts

  • How to file objections/written statement to…
  • Section 41, 41A, 41B of CrPC which govern arrest by…
  • How to complain against judges of trial courts, High…
  • Procedure of CAW (Crime against women) cell
  • Why Indian men should be very careful in filing divorce
  • How to Fight and Reduce Maintenance under CrPC 125…
  • How to draft a child custody (GWC) petition
  • Basic Cross-examination techniques in matrimonial…
  • Email addresses of prominent journalists and newspapers
  • Advice to women on IPC 498a, DV case, maintenance,…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

SC grants divorce to husband invoking article 142 of constitution

6 Sep 2009 By videv Leave a Comment

How to safeguard from and punish a false rape complainant

9 Jun 2014 By videv 73 Comments

Mandatory uploading of FIRs to state police websites – SC judgment to protect rights of accused

30 Apr 2019 By videv Leave a Comment

Modified directions in IPC 498A cases upon review of Rajesh Sharma judgment by Supreme Court

14 Sep 2018 By videv 2 Comments

Proposed private bill for 40% or more maintenance to abandoned wives

25 Jul 2014 By videv Leave a Comment

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • videv on How to get Provident Fund (PF) details of wife
  • Raghu on How to get Provident Fund (PF) details of wife
  • videv on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • P2 on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Child visitation monitor New Haven on Strategy for Child Custody for Men

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts