Regarding Section 125 (3) of Cr.PC and Section 31 of PWDV Act

615 votes

In case under sec. 125, file your say along with the order of interim maintenance passed in DV. Before passing any order the court shall consider the maintenance granted to the wife in other cases too. Secondly your wife has a right to reside in shared household. If you want to reside in the same flat and you don’t have any other place to reside then make an application to the court and state that you are ready to give an undertaking that you will not transfer the property to any third person or will not cause any domestic violence as alleged to the wife. In case the wife is not ready to reside with you then tell the court that you are ready to make arrangements of a rental home to her and that you will pay the rent and deposit. Since the Home belongs to your father too, she cannot claim sole right to reside in it.

Advocate Namita Kanhurkar LawRato

862 votes

As per your query

DV was filed by my wife against me in 2013. MM Court passed interim maintenance order on in Feb 2017 of Rs. 15K from date of application i.e. Feb 2017. I paid Rs.60 K but D.W was issued and I deposit 25K D.W was called back by MM. Further I paid 10K and D.W issued again in April 2018 and I deposit 33500/- and promised to pay 20K per month in writing D.W is stayed by M.M in April 2018 itself and MM wrote that As Resp. is ready to pay Rs. 20K Per month so no purpose will be solved by sending him behind the bars hence D.W is stayed till next date. Since then I am paying 20K per month but (1) OP is not filing her Oral or Written Evidence (2) OP has registered a separate case U/S 125 (3) of Cr.P.C and 31 of PWDV Act in the same Court. My next D.V date and case for this fresh case is on 10th Aug 2018. OP is staying in my own flat which is under the name of me and my father but she did not allow anyone of us to even enter our own flat. Please advice accordingly that what am I suppose to do?

You have to face both the case. You can point out all these fact which you stated above Present before court.

LawRato LawRato

814 votes

Distress warrant can only be issued if you are not paying maintainance.. why are you paying 20k instead of that pay 15k. Take your own time. If you paying anything towards maintenance then no magistrate can send you behind bars.
Your request your lawyer to move an application wherein he shall insist on proceedings..

Advocate Ashley David Cusher LawRato