How to Fight and Reduce Maintainance under CrPC 125 & DV Act

How to fight maintenance Book ATTACHED

Ch 1. Introduction
Who am I, and why I decided to write a book on this topic?
Purpose and perspective of this book
Why is this eBook not free?
Intended audience
What this book will not cover
Often used terms and references in the book
Glossary and Reference
Basic legal terms used in the book
Other useful legal terms to know
Ch 2. Why fighting maintenance cases well is the best strategy?
Usual sequence of events in a typical case which comes to MRAs
IPC 498A, 406, DV Act, CrPC 125, RCR, Divorce. Which one is most important?
Interim maintenance – Minor headache, or Enemy Number One?
Interim maintenance and maintenance are the top problems
Golden rule: Fight interim maintenance case whether under CrPC 125 or DV Act (or even HMA
24), as if your life depends on it
The dangers of high interim maintenance
The advantage of low interim maintenance
How and why men ignore maintenance cases and get trapped?
Suggested approach in this book
Ch 3. What is maintenance and why it came into being
What is maintenance to wife, and its history
Factors used in US for deciding on maintenance
Indian situation about rules and factors for deciding maintenance
Ch 4. Understanding sections of CrPC 125 and implications
Why do we need to read bare acts
Section 125 in The Code Of Criminal Procedure, 1973: Bare Act
Understanding basics of CrPC 125 and implications
What happens if husband doesn’t pay maintenance?
Fine levy warrant if husband doesn’t pay maintenance
Format of warrant in case one doesn’t pay maintenance
Ch 5. Understanding sections of DV Act (PWDVA) and implications
What is PWDVA (Protection of Women from Domestic Violence Act)
Statement of Objects and Reasons of DV Act with commentary
How is a DV case different from CrPC 125?
Section 2. Important terms in PWDVA – let’s learn the basics
Section 3. What can be alleged to be domestic violence?
A simple approach to fight DV allegations
Section 5. Can a woman who has filed DV case later file 498A too?
Section 9, 10. What to do if a women’s NGO calls you about DV complaint against you?
Section 12. How complaint under DV Act is filed and time for disposal
Section 13. Notice to respondent
Section 14. Counselling under DV Act for wife and husband
Section 16. Proceedings in private if requested
Section 17. Right to reside in shared household
Section 18. Protection orders – Honey, I won’t hurt you again!
Section 19. Residence order – wife comes, wife stays, you go out
I am fearing DV case, should I sell my house?
Should I transfer house to my mother’s name?
Section 20. Monetary reliefs – It’s all about Money, Honey!
Want to save maintenance? Invite your wife to DV House
Other benefits of DV House
Section 21. Custody Orders
Section 22. Compensation Orders – Or how I became a rich woman claiming domestic violence!
Section 23. Interim and Ex-parte orders
Section 24. Order copies
Section 25. Duration and alteration of orders
Section 26. Same relief can be got in other proceedings too
Section 27. Jurisdiction
Section 28. Procedure of trial
Section 29. Appeal
Section 31. Jail term up to 1 year on violation of protection order
Section 36. Other laws still apply
37. DV Rules
Ch 6. Proceedings and summons in CrPC 125, DV Act
Sequence of steps in court in CrPC 125 or DV Act
CrPC 125 proceedings are quasi-civil and quasi-criminal
Procedure for Summons in CrPC 125 case
Can summons be delivered at your office address?
What will happen if you don’t take summons?
Summons delivery if you are not found at the address
What happens in court in first hearing?
What will not happen in court in first hearing
What needs to be done in first hearing
What does not need to be done in first hearing
Likely things which may happen in first hearing
How to file objections to wife’s application?
Ch 7. How to find and manage a lawyer
Should you expect an advocate to be like a doctor?
Do advocates act like they believe in law?
How to find a good lawyer
Basic homework, preparing by reading laws, important judgments
Having realistic expectations
Taking a clear stand on your matrimonial problems
Are you in touch with other men facing similar issues?
Setting expectations, Managing your advocate, handling communication
Set realistic expectations from lawyer
Approach to take with lawyer
Young lawyer or old?
Setting fees
Best practices of engaging with lawyer
Communicating with lawyer
Changing lawyer
Ch 8. Things to do – Evidence, Story, CrPC 91, Show expenses
Write the story, Collect the evidence
Write the story
Collect the evidence
Earnings or Qualifications?
How much income could your wife earn if she worked?
What kind of proofs to collect?
What proofs to collect if you suspect wife of an affair?
Using CrPC 91 to collect evidence from wife’s workplace
CrPC 91 format
How to collect evidence of wife’s work status etc?
Whether to use detectives?
Ask wife to give affidavit that she is not working
List investments and expenses to show reduced in-hand income
Regular monthly expenses
Regular monthly deductions from salary
Regular yearly or one-time in an year expenses
Investment oriented expenses
Non-investment oriented expenses
Get parents to file CrPC 125 maintenance case on you
Ch 9. Myths and things one should not do
Myth 1: Leaving job will help me save maintenance
Myth 2: Taking back wife can save maintenance
Myth 3: Filing RCR (Section 9) can save maintenance
Ch 10. How to use judgments and precedents?
How to use the judgments in following chapters?
Ch 11. Judgments about wife’s eligibility for maintenance and how much amount awarded
How decided if wife unable to maintain herself?
Wife unable to maintain herself decided based on material placed on record
How maintenance amount is to be determined?
Income of woman from property must be taken into account – SC judgment
Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income
Husband’s gross salary 20K, net 12K, wife’s maintenance enhanced from 2.5K to 4K, zero
amount to 2 major daughters
Judgments if adultery of wife alleged
Affidavit by another man that wife stays with him not enough to prove wife’s adultery and
denial of maintenance
Judgments on maintenance for children and wife to share too
Wife has income but she wants you to bear all expenses of children through her maintenance
Ch 12. Judgments about maintenance amount when multiple cases
Maintenance amount in CrPC 125 along with HMA 24
Rs 7000 given in HMA 24 when already Rs 2000 in CrPC 125, husband income 45000, ailing
Amount awarded under CrPC 125 adjustable against the amount awarded in the matrimonial
cases (HMA 24)
Stay on CrPC 125 application when civil case on same matter pending
Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending
Fresh application under DV Act dismissed when CrPC 125 maintenance already awarded
Multiple maintenance under DV Act denied when CrPC 125 already decided
DV Act Maintenance application dismissed when CrPC 125 maintenance already awarded
Maintenance application under DV Act dismissed when CrPC 125 maintenance already
Ch 13. Judgments about arrears of maintenance, warrant, arrest, jail etc
Warrant arrest etc
Arrears of maintenance Rs 69000, husband paid 50000 already, HC stays execution of
warrant against husband
Arrest for non-payment only within 1 year, but no time limit for recovery
Arrest for non-payment has time limitation CrPC 125(3), but no time limit for recovery under
CrPC 128
Ch 14. CrPC 125 maintenance denied judgments
Wife working, maintenance denied
Desertion by wife, wife working, unable to prove husband’s bad habits, maintenance denied
Wife’s income tax return show income, maintenance denied
Wife qualified but non-working, maintenance denied
Judgment Delhi court:No maintenance to qualified wife under 24 HMA
Qualified wife can’t sit idle and claim maintenance: Mumbai family court
Qualified woman asking for travel allowance for attendant denied, and severely castigated
Wife not working, denied on grounds of desertion
Desertion by wife, husband has good evidence against wife’s allegations, maintenance denied
– SC 2003
Desertion by wife, no reasons for desertion, maintenance denied – P&H HC 2008
Wife staying apart, her own father’s testimony against her, divorce based on cruelty to
husband, maintenance denied
Wife working but lied on oath, file perjury CrPC 340
CrPC 125 wife lied, perjury under CrPC 340 – Jagdish_Prasad_vs_State_&_Ors Delhi HC
Ch 15. DV Act, procedures to follow before maintenance order
Interim maintenance and reliefs only after summary trial in DV case
Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC
summons case
No monetary relief under Sec 20 until domestic violence proved
No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved –
Mumbai HC
DV petition dismissed because of prima-facie no domestic violence
DV petition dismissed because of prima-facie no domestic violence
Ch 16. DV Act maintenance denied judgments
Working wife, stopped work before filing DV case
Wife was making 50K p.m., resigned on her own giving lame excuses, maintenance denied to
Wife qualified but non-working, maintenance denied
Wife qualified like husband (MBA), interim maintenance denied in PWDVA
Qualified MBBS wife asked to do some work – Justice S N Dhingra, Delhi HC
Domestic violence not proved, maintenance application dismissed
Domestic violence not proven, maintenance application dismissed
Ch 17. Other DV Act judgments
Wife not entitled to her father-in-law residence under DV Act
Wife not entitled to stay in or claim her father-in-law’s house using DV Act
Ch 18. Final thoughts
Evil of unjustified maintenance, parasitism, men’s rights
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Appendix A: CrPC 125
Appendix B: PWDVA
Appendix C: PWDVA Rules, 2006
Appendix D: Family Courts Act, 1984

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