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. 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 … [Read more...] about Multiple maintenance under DV Act denied when CrPC 125 already decided
CrPC 125
What to do if maintenance amount is more than your income/salary
Question: I work as a XYZ (low paying job), and my income is only __________ (a rather low amount). But the judge has ordered an amount of Rs ___________, an amount much more than my income. What should I do? That reminds me of a story/joke of a man who has taken a loan – he being worried that he will be unable to pay the next instalment on time. He gets sage advice from a clergy, “if you can’t pay the money, it should be their problem more than yours, so let them worry about it!” Of course such problems can’t always be laughed away. But to an extent a bit of above attitude is a must in such circumstances. E.g. we know from newspaper stories, and I know one personally, about men who have written to their states’ High Court to grant permission to sell their … [Read more...] about What to do if maintenance amount is more than your income/salary
No additional liability on husband regarding maintenance under PWDVA
Full judgment link: http://lobis.nic.in/dhc/SND/judgement/28-08-2010/SND27082010CRLMM4912009.pdf Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: 9th August, 2010 Date of Order: 27th August, 2010 Crl.M.C.No. 491/2009 27.08.2010 Sanjay Bhardwaj & Ors. ... Petitioner Through: Dr. Naipal Singh, Advocate Versus The State & Anr. ... Respondents Through: Mr. O.P.Saxena, APP for the State With Mr. Gajraj Singh, SI Mr. K.C.Jain, Adv. for the Complainant/Wife 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. … [Read more...] about No additional liability on husband regarding maintenance under PWDVA
No proof of cruelty leads to no maintenance
In this Bombay High court bench’s judgment, the principle adopted is that though strict proof of cruelty is not required in maintenance under CrPC 125, nevertheless the statements made by wife need to have some supporting evidence at least. Read the bold sentences in the end of judgment. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.226 OF 2002 Sanjay Sudhakar Bhosale, Age : 35 years, Occu.Service, R/o. Mental Hospital Servant Quarters, Yeroda,Pune District Pune – 6 …Petitioner Versus Khristina w/o Sanjay Bhosale …Respondent ….. Mr.Gopal D.Kale, Advocate for the petitioner Mr.N.K.Choudhari, Advocate holding for Mr.R.N.Dhorde, Advocate for respondent ….. CORAM : V.R. KINGAONKAR, J. Date of … [Read more...] about No proof of cruelty leads to no maintenance
Child support and custody is shared by both parents in Hindu Family Law
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). Child custody is decided based on principle of paramount welfare of the child. Mostly both parents are ill-advised by lawyers to ask for full custody of the child, and given impracticality of such an arrangement the primary custody normally goes to mother with visitation rights for the other parent. If the parents decide to have shared custody of child the courts cannot by law overrule such an arrangement. So it results that in most court cases the primary custody of child goes to mothers, and child support being paid by fathers. But the law especially Hindu Family … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law
Child support and custody is shared by both parents in Hindu Family Law
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). It is just that most of the court cases lead to primary child custody being granted to mothers, and child support being paid by fathers. But the law especially Hindu Family law is gender-neutral in both aspects. It is only on case by case basis that a decision can be made about both custody and child support. The bare acts say that Custody and maintenance of children are to be shared by both parents as per HMA and HAMA. CrPC 125 is the only one solely laying responsibility of maintenance child on man. (Because it does not apply to woman) . About maintenance … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law