{"id":3701,"date":"2018-10-30T13:43:25","date_gmt":"2018-10-30T13:43:25","guid":{"rendered":"http:\/\/www.wakilsahab.in\/news\/?p=3701"},"modified":"2025-02-01T18:10:35","modified_gmt":"2025-02-01T18:10:35","slug":"how-to-fight-and-reduce-maintainance-under-crpc-125-dv-act","status":"publish","type":"post","link":"https:\/\/www.wakilsahab.in\/news\/how-to-fight-and-reduce-maintainance-under-crpc-125-dv-act\/","title":{"rendered":"How to Fight and Reduce Maintainance under CrPC 125 & DV Act"},"content":{"rendered":"

How to fight maintenance Book ATTACHED<\/a><\/h1>\n

Ch 1. Introduction
\nWho am I, and why I decided to write a book on this topic?
\nPurpose and perspective of this book
\nWhy is this eBook not free?
\nIntended audience
\nWhat this book will not cover
\nOften used terms and references in the book
\nGlossary and Reference
\nBasic legal terms used in the book
\nOther useful legal terms to know
\nCh 2. Why fighting maintenance cases well is the best strategy?
\nUsual sequence of events in a typical case which comes to MRAs
\nIPC 498A, 406, DV Act, CrPC 125, RCR, Divorce. Which one is most important?
\nInterim maintenance – Minor headache, or Enemy Number One?
\nInterim maintenance and maintenance are the top problems
\nGolden rule: Fight interim maintenance case whether under CrPC 125 or DV Act (or even HMA
\n24), as if your life depends on it
\nThe dangers of high interim maintenance
\nThe advantage of low interim maintenance
\nHow and why men ignore maintenance cases and get trapped?
\nSuggested approach in this book
\nCh 3. What is maintenance and why it came into being
\nWhat is maintenance to wife, and its history
\nFactors used in US for deciding on maintenance
\nIndian situation about rules and factors for deciding maintenance
\nCh 4. Understanding sections of CrPC 125 and implications
\nWhy do we need to read bare acts
\nSection 125 in The Code Of Criminal Procedure, 1973: Bare Act
\nUnderstanding basics of CrPC 125 and implications
\nWhat happens if husband doesn\u2019t pay maintenance?
\nFine levy warrant if husband doesn\u2019t pay maintenance
\nFormat of warrant in case one doesn\u2019t pay maintenance
\nCh 5. Understanding sections of DV Act (PWDVA) and implications
\nWhat is PWDVA (Protection of Women from Domestic Violence Act)
\nStatement of Objects and Reasons of DV Act with commentary
\nHow is a DV case different from CrPC 125?
\nSection 2. Important terms in PWDVA – let\u2019s learn the basics
\nSection 3. What can be alleged to be domestic violence?
\nA simple approach to fight DV allegations
\nSection 5. Can a woman who has filed DV case later file 498A too?
\nSection 9, 10. What to do if a women\u2019s NGO calls you about DV complaint against you?
\nSection 12. How complaint under DV Act is filed and time for disposal
\nSection 13. Notice to respondent
\nNOTICE FOR APPEARANCE UNDER SECTION 13(1) OF THE PWDVA
\nSection 14. Counselling under DV Act for wife and husband
\nSection 16. Proceedings in private if requested
\nSection 17. Right to reside in shared household
\nSection 18. Protection orders – Honey, I won\u2019t hurt you again!
\nSection 19. Residence order – wife comes, wife stays, you go out
\nI am fearing DV case, should I sell my house?
\nShould I transfer house to my mother\u2019s name?
\nSection 20. Monetary reliefs – It\u2019s all about Money, Honey!
\nWant to save maintenance? Invite your wife to DV House
\nOther benefits of DV House
\nSection 21. Custody Orders
\nSection 22. Compensation Orders – Or how I became a rich woman claiming domestic violence!
\nSection 23. Interim and Ex-parte orders
\nSection 24. Order copies
\nSection 25. Duration and alteration of orders
\nSection 26. Same relief can be got in other proceedings too
\nSection 27. Jurisdiction
\nSection 28. Procedure of trial
\nSection 29. Appeal
\nSection 31. Jail term up to 1 year on violation of protection order
\nSection 36. Other laws still apply
\n37. DV Rules
\nCh 6. Proceedings and summons in CrPC 125, DV Act
\nSequence of steps in court in CrPC 125 or DV Act
\nCrPC 125 proceedings are quasi-civil and quasi-criminal
\nProcedure for Summons in CrPC 125 case
\nCan summons be delivered at your office address?
\nWhat will happen if you don\u2019t take summons?
\nSummons delivery if you are not found at the address
\nWhat happens in court in first hearing?
\nWhat will not happen in court in first hearing
\nWhat needs to be done in first hearing
\nWhat does not need to be done in first hearing
\nLikely things which may happen in first hearing
\nHow to file objections to wife\u2019s application?
\nCh 7. How to find and manage a lawyer
\nShould you expect an advocate to be like a doctor?
\nDo advocates act like they believe in law?
\nHow to find a good lawyer
\nBasic homework, preparing by reading laws, important judgments
\nHaving realistic expectations
\nTaking a clear stand on your matrimonial problems
\nAre you in touch with other men facing similar issues?
\nSetting expectations, Managing your advocate, handling communication
\nSet realistic expectations from lawyer
\nApproach to take with lawyer
\nYoung lawyer or old?
\nSetting fees
\nBest practices of engaging with lawyer
\nCommunicating with lawyer
\nChanging lawyer
\nCh 8. Things to do – Evidence, Story, CrPC 91, Show expenses
\nWrite the story, Collect the evidence
\nWrite the story
\nCollect the evidence
\nEarnings or Qualifications?
\nHow much income could your wife earn if she worked?
\nWhat kind of proofs to collect?
\nWhat proofs to collect if you suspect wife of an affair?
\nUsing CrPC 91 to collect evidence from wife\u2019s workplace
\nCrPC 91 format
\nHow to collect evidence of wife\u2019s work status etc?
\nWhether to use detectives?
\nAsk wife to give affidavit that she is not working
\nList investments and expenses to show reduced in-hand income
\nRegular monthly expenses
\nRegular monthly deductions from salary
\nRegular yearly or one-time in an year expenses
\nInvestment oriented expenses
\nNon-investment oriented expenses
\nGet parents to file CrPC 125 maintenance case on you
\nCh 9. Myths and things one should not do
\nMyth 1: Leaving job will help me save maintenance
\nMyth 2: Taking back wife can save maintenance
\nMyth 3: Filing RCR (Section 9) can save maintenance
\nCh 10. How to use judgments and precedents?
\nHow to use the judgments in following chapters?
\nCh 11. Judgments about wife\u2019s eligibility for maintenance and how much amount awarded
\nHow decided if wife unable to maintain herself?
\nWife unable to maintain herself decided based on material placed on record
\nHow maintenance amount is to be determined?
\nIncome of woman from property must be taken into account – SC judgment
\nDelhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income
\nHusband\u2019s gross salary 20K, net 12K, wife\u2019s maintenance enhanced from 2.5K to 4K, zero
\namount to 2 major daughters
\nJudgments if adultery of wife alleged
\nAffidavit by another man that wife stays with him not enough to prove wife\u2019s adultery and
\ndenial of maintenance
\nJudgments on maintenance for children and wife to share too
\nWife has income but she wants you to bear all expenses of children through her maintenance
\napplications
\nCh 12. Judgments about maintenance amount when multiple cases
\nMaintenance amount in CrPC 125 along with HMA 24
\nRs 7000 given in HMA 24 when already Rs 2000 in CrPC 125, husband income 45000, ailing
\nmother
\nAmount awarded under CrPC 125 adjustable against the amount awarded in the matrimonial
\ncases (HMA 24)
\nStay on CrPC 125 application when civil case on same matter pending
\nMumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending
\nFresh application under DV Act dismissed when CrPC 125 maintenance already awarded
\nMultiple maintenance under DV Act denied when CrPC 125 already decided
\nDV Act Maintenance application dismissed when CrPC 125 maintenance already awarded
\nMaintenance application under DV Act dismissed when CrPC 125 maintenance already
\nawarded
\nCh 13. Judgments about arrears of maintenance, warrant, arrest, jail etc
\nWarrant arrest etc
\nArrears of maintenance Rs 69000, husband paid 50000 already, HC stays execution of
\nwarrant against husband
\nArrest for non-payment only within 1 year, but no time limit for recovery
\nArrest for non-payment has time limitation CrPC 125(3), but no time limit for recovery under
\nCrPC 128
\nCh 14. CrPC 125 maintenance denied judgments
\nWife working, maintenance denied
\nDesertion by wife, wife working, unable to prove husband\u2019s bad habits, maintenance denied
\nWife\u2019s income tax return show income, maintenance denied
\nWife qualified but non-working, maintenance denied
\nJudgment Delhi court:No maintenance to qualified wife under 24 HMA
\nQualified wife can\u2019t sit idle and claim maintenance: Mumbai family court
\nQualified woman asking for travel allowance for attendant denied, and severely castigated
\nWife not working, denied on grounds of desertion
\nDesertion by wife, husband has good evidence against wife\u2019s allegations, maintenance denied
\n– SC 2003
\nDesertion by wife, no reasons for desertion, maintenance denied – P&H HC 2008
\nWife staying apart, her own father\u2019s testimony against her, divorce based on cruelty to
\nhusband, maintenance denied
\nWife working but lied on oath, file perjury CrPC 340
\nCrPC 125 wife lied, perjury under CrPC 340 – Jagdish_Prasad_vs_State_&_Ors Delhi HC
\n2008
\nCh 15. DV Act, procedures to follow before maintenance order
\nInterim maintenance and reliefs only after summary trial in DV case
\nInterim relief under DV Act cannot be granted without conducting inquiry as per CrPC
\nsummons case
\nNo monetary relief under Sec 20 until domestic violence proved
\nNo monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved –
\nMumbai HC
\nDV petition dismissed because of prima-facie no domestic violence
\nDV petition dismissed because of prima-facie no domestic violence
\nCh 16. DV Act maintenance denied judgments
\nWorking wife, stopped work before filing DV case
\nWife was making 50K p.m., resigned on her own giving lame excuses, maintenance denied to
\nher
\nWife qualified but non-working, maintenance denied
\nWife qualified like husband (MBA), interim maintenance denied in PWDVA
\nQualified MBBS wife asked to do some work – Justice S N Dhingra, Delhi HC
\nDomestic violence not proved, maintenance application dismissed
\nDomestic violence not proven, maintenance application dismissed
\nCh 17. Other DV Act judgments
\nWife not entitled to her father-in-law residence under DV Act
\nWife not entitled to stay in or claim her father-in-law\u2019s house using DV Act
\nCh 18. Final thoughts
\nEvil of unjustified maintenance, parasitism, men\u2019s rights
\nComments and Feedback welcome!
\nWrite a review on Amazon.in
\nSpread the word!
\nAppendix A: CrPC 125
\nAppendix B: PWDVA
\nAppendix C: PWDVA Rules, 2006
\nAppendix D: Family Courts Act, 1984<\/p>\n

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