• Domestic violence, CrPC 125 complainant maintainability after return of streedhan after 498a case

Is my wife domestic violence complaint followed by crpc 125 complaint maintainable after her streedhan as per list have been returned to her on police demand in 498a case. She stayed for 29 days after marriage and filed 498a case after leaving matrimonial home after 6 months. Her stridhan returned and she accepted after police fir. After 4 months of 498a she filed domestic violence case followed by crpc 125 two month later. In dv she asked interim maintenance and residence orders. If she is eligible for maintenance and residence orders? When her streedhan has been returned to her on her demand how can she be in a domestic relationship with me ? What are the relevant supreme court and high court punjab and haryana judgements in this regard (both in favor and unfavor). I am fighting the case on merits. Thanks.
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Wife is entitled to maintenance from

You abd has right to stay in her matrimonial home

2) is your wife working ?

3) if she is working and there is not substantial differences in income your wife would not be entitled to maintenance

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

Sir your wife has pressed charges of domestic violence and cruelty mere returning of the stree dhan won't decide maintainability the case has to be contested on merits . Also if there is substantial delay in filing of case file for quashing in high court.

Also other facts and circumstances of the case has to be seen so that it can be advised accordingly and the chargesheet and document evidence if any has tk be persed to guide on merits.

Further yes she will be eligible for maintenance and residence if she doesnot have any source of income and means to take.care of herself.

But you can contest same in court if the case is otherwise.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Both the case for maintenance under section 125 crpc and case under PWDV Act is maintainable simultaneously.

2. Yes, the wife is entitled to claim both maintenance and residence order or alternative accommodation . However the court determines whether she will get both the orders or not.

3. To file PWDV case present domestic relationship is not required. in other words the separated wife even pursuing other cases can at any point of subsequent time can file such case. So return of stridhan articles is of no consideration here.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Since, she has hardly resided with you for 29 days, making out a case under the DV Act must be a difficult task for her; prided she has not based her complaint on false allegations.

File a reply in both the pending cases, i.e, the DV case and the maintenance 125 crpc case.

Demonstrate before the Court that she stayed with you for mere 25 days and there was never any altercation that took place between you and her during the said period.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes she cn claim maintenance fr that u hv to show she left ur company at her own nd she is maintaining herself. Whether she is doing any job?

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

her complaint is maintainable against you bcz der was shared household wd u. merely return of dowry articles would nt b ground of dismiss the complaint

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Sir kindly understand even if the dowry articles.are returned the facts she alleged on you must be at time.when you were residing together and also harrasment cruelty domestic violence in these case are considered as.continuos offence so mere returning of articles won't be ground to seizing of relationship you have to establish in court that time in.which the offence is alleged at that time you were not in any domestic relationship.

You can file an application In court ot through RTI you can ask her returns from department and same can be bought on record for purpose of assessing her income in court also the certified copy of her complaint can be bought on record for evidence.of her income.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As long as she is your legally wedded wife domestic relationship subsists

2) it is only after divorce domestic relationship ceases

3) file application under section 91 cr pc to call upon wife to produce her bank statements, ITR for last 3 years

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

Hi, a wife can claim maintanace from her husband even if she is not residing with her husband or even after divorce untill she remarry again .. Further , she is not entitled for maintanace if she is a earning lady .. It is advisable to file for quashing of FIR under 498A and domestic violence complaint in high court under section 482 Crpc .. The high court has a discretionary power to do the same .. You can contact me for further doubts at my office in ,Gurgaon..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. I am not aware of any such decision as the same is contrary to law.

2. Past employment is no ground to avoid maintenance of wife.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

There are some cases which talk about that even after the stridhan been returned DV case is still have full strength.

You can consult me through Kanoon if like my answer, and want to know the further procedure for it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

She is still your legally wedded wife hence she can claim residential rights.

Being married to you, she can claim interim maintenance and monthly maintenance under DV act and section 125 cr.p.c.

The domestic violence is a continuous offence.

Just returning the streedhan shall not disentitle her from claiming the rights that she is entitled as a married woman from her husband.

If the claims are false and frivolous you may challenge the same on merits and documentary evidences in your side.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

I need relevant case laws that support the view that domestic relationship wont exist if the dowry articles has been returned by husband.

You can browse through internet in some legal websites where you can get plenty of the cases laws in this regard alternately you can ask your advocate to furnish the same .

Are you appearing as a party in person or through your advocate?

If through advocate, he will take care of all other issues, if in person, then you may download from google search the suitable judgments.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Most of the women misuse the provisions of Domestic voilence Act. You file your reply for the said maintenance application and prove that you are not in domestic relationship nwity each other.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Hello,

Being your wife she can claim maintenance by filing a case under section 125 of the Cr.P.C.

the same can be denied by you only on the ground that she is an earning women and has the capacity to live independently.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ask the court to direct her to file an income affidavit.

there is no case law which says that domestic relationship wont exist if the dowry articles has been returned by husband.

You will have to fight the maintenance case on the ground that she has the capacity to earn and she has also done jobs previously.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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