The wife filed a DV case against me in 2011. The proceeding of the same is stayed by the High Court and granted a interim maintenance in 2012 which I have already paid. But the stay is still continuing. I filed the divorce case in 2011 and finally the court dissolved the marriage by a decree in 2015. The part of the alimony is deposited in the wife's bank account and a part of the alimony is paid through the a draft by submitting it to the court, according to the order of the court. The wife went for a appeal which is still under process. Previously the wife has filed complaint case in the court under section 498A and 494 in 2013. That is also stayed. Then the wife gave an FIR in 2017 in a police station under section 498A, 494 etc, which in the charge sheet submitting stage. Recently, the wife has requested the court(where the DV case is going on) to restart the hearing by giving the reference of the judgement the Supreme Court in the case of CRIMINAL APPEAL NOS.1375-1376 OF 2013 on 28. 3 . 2018. It is mentioned in the order that the stay can last maximum for 6 months unless the case is serious. My questions are, 1. Will the hearing on DV Case start ? 2. Will the court allow further maintenance on the DV case ? (Any reference on this)
1) court would not start hearing on DV case as appeal is pending in HC
2) provisions of D.V. Act has been legislated for protection of women against domestic violence and the remedies provided under D.V Act are in addition to other legal remedies like maintenance u/s 125 Cr.PC
3) since wife has already been awarded alimony by family court she may not be awarded additional maintenance
Dear Cleint,
the wife has filed complaint case in the court under section 498A and 494 in 2013. That is also stayed. ----- Than how come fresh FIR filed by her ?
Was that stayed or quashed by court ?
Well, any extension of stay shall be by speaking order, File application in HC for extension otherwise court will proceed in DV act.
Maintenance will not grant as same has stayed by court but only case will proceed.
1. File a miscellaneous application in high court to.extend the stay in same matter.
2. The court can grant further maintenance in DV as compensation though alimony in divorce case already paid as there are cases wherein maintenance under DV and divorce both are granted.
Nothing serious in this case as you have already paid the alimony amount to your wife to your wife and the marriage is dissolved
1)No need to worry you have already paid Alimony and marriage also dissolved.
2) There is a citation available from Hon. Delhi High court where the wife was rejected maintenance in DV case as she already got it under crpc 125
Renu MittalW/o Sh. Anil Mittal
D/o Late Sh. Ashok Kumar Goel,
R/o 4/44, Roop Nagar, Delhi.
....Appellant
Versus
1. Sh. Anil Mittal
S/o Sh. Kishan Chand Mittal ....Respondent No.1
The supreme court has ruled that a stay cannot be continued for indefinite period it will be max continued for 6 months and then it will be analysed and if necessary will be continued further. The court will decide the final maintenance by disposing the maintenance application
1. The high court has granted stay, hence the high court will again hear both the sides before admitting her petition.
2. Why do you think that way, the court is yet to reopen, hence wait.
The court has passed the divorce decree and the appeal is pending. Meanwhile various other proceedings are oending and if they are proved you have the opportunity of appeal. The stay granted can be vacated but the opposite parties have to explain as to why the stay has to be vacated and court had to record reasons before vacating the stay order.
The alimony amount has been fixed and she must be having maintenance in case she is not working. Therefore she cannot have maintenance from 2 sources. There is a judgment on that.
The proceedings will go on but the arrest would not happen unless you are convicted.
Regards
