crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
1 week ago
1. june 2023, my sister filed dv case against her husband , mom in law and father in law.
2. my sisters husband filed section 9 against her in july 2023 which my sister contested and then he was forced to withdraw the case in jan 2024.
3. novemeber 2023 my sisters husband also got his mother to file crpc 125 against him.
4. my sisters husband is not paying any money to my sister or the minor daughter, he did not even pay daughters 10th board exam fees, then in feb 2024 court ordered him to pay for childs education, but he is flouting the court order. important to note is that my sister husband in his affidavit to court in the DV case against him is claiming he is paying 40,000 rupees to his mother and father every month for medicines.
5. recently, my sisters husband he has been sent a notice by the court to appear in the crpc 15 case done by his mother on him while my sisters dv case against them is still going on and interim to my sister is still not provided.
6. my sister is concerned that since it is her husband who has asked her mother in law to do the case on him so as to deprive his own wife and child of their rights, he may not fight the crpc 125 case. and if maintenance in the crpc 125 by her mother in law gets decided before her case, she and more importantly her only daughter will be deprived of their rights. what should she do now?
Based on the confession made by your sister's husband in the affidavit filed in the D V Case declaring therein that he is paying 40,000 rupees to his mother and father every month for medicines, you can file a contempt petition before the Court for non-compliance with Court's order for payment towards child education. As per Section 125(1) of Cr. PC, the claim of maintenance of wife and children is prioritized over the claim of parents. Any person so ordered fails without sufficient cause to comply with the order, the Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of the proceeding, as the case may be remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made; However, It may be noted that the wife shall not be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of the proceeding, as the case may be from her husband under section 125 Cr. PC, if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband who applies to Sec.9 of the HMA, 1955 for restitution of conjugal rights(RCR), or if they are living separately by mutual consent.
Since the husband is not following court orders, you can file a complaint on him for the contempt of court, and he will undergo a simple imprisonment. additionally you can reconsider filing a case on him against domestic violence and harassment and also seek divorce from him on the grounds of cruelty as per sec 10 of the HMA act
12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after s uch set off.
(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.
Domestic voilence
Family issuw
Please suggest on the steps and process to follow
husband torture to wife
Mental harrasment to me and my minor girl child by my parents
