Tag Archives: DV act does not create additional rights !!

43 DV cases for this season ! 43 cases where husband and in laws won and / or maintenance was denied to wife !!

I have been posting 100s of Judgments / orders on 498a, DV, Sec 125 CrPC and many related areas (please see this blog and you will see most of these). Recently I have started categorizing them for easy reference and benefit of readers. Some ago I had posted a summary of bail orders and yet another on 498a cases quashed by courts.

Here is an attempt to collate DV cases, where the husbands / in laws won.

Since money is the main target of most fake matrimonial litigation, DV along with Sec 24, 25 HMA and similar sections of SMA etc are now becoming the chosen tools for women to extract max moolah. Husbands and families need to watch out and protect themselves
I hope this compendium helps
Cases are listed with a # against each just for a count in this blog. these were also shared on other social media. This # series does not have any specific order . I’m only hoping I’ll have a chance to add more victories to these

May I request readers to liberally share these and add fresh cases as comments 


DV Series # 43 : DV 15yrs aftr separation!! MM grants maint etc. Husband runs 2 HC; HC quashes whole tamasha ! married on 8.5.1990 ; son born on 24.2.1991 ; separate since 1992;  divorce case between couple dismissed by lower courts; wife files DV in 2007 !!;  magistrate provides maintenance, money in lieu of residence etc etc ; husband runs to HC;  HC thankfully quashes the case !!! http://wp.me/p7s7-1hm

DV Series#42 : NO MAINTENANCE to wife under Domestic Violence Act as she has sufficient income and concealed it !! Practicing Gynecologist stops declaring full income on income tax returns; harasses ex hubby in various courts / cases ; demands monthly maintenance even though she earns more than ex-husband !! Completely denined maintenance http://wp.me/p7s7-u0

DV Series#41 : Wife earning equal to husband denied maintenance in DV. Sessions & Delhi HC ALSO deny maintenance! Residence also denied as wife getting HRA from employment! http://wp.me/p7s7-2dO


DVSeries#40: Poor Taxi Driver’s wife tries to get his mother’s house using DV ! Looses case on appeal. Wife is ordered to live with driver in an alternate acco. Without going there she tries other stunts and looses again !! https://t.co/7sPcN3008x


DvSeries#39 : DV just 2 harass husband + inlaws & waste time of court. Wife never came to court !! DV dismissed. JM Chandigarh https://t.co/CD6H8E2ZCd


DVSeries#38: Initial Proceedings in DV act are CIVIL in nature. Magistrate not issue summons u/s 61 Cr.P.C. treating respondents as accused ! Magistrate to tread carefully http://wp.me/p7s7-1dM


DVSeries#37: DV cases can be quashed u/s 482 CrPC. Gujarat HC division bench judgement – Nov 2015 http://wp.me/p7s7-1T6


DVSeries#36: Well educated employed wife resigning on own NOT entitled 2 maintenance! Only Kid gets maintenancec. Delhi HC http://wp.me/p7s7-1Bv


DVSeries#35: Visiting in laws 5days is NOT dom relation so NO DV ! Only violence by person living n shared household is DV! Delhi Sessions court discharges all in laws http://wp.me/p7s7-21n


DVSeries#34: Wife files DV on 6 inlaws 9 yrs AFTER husband’s death! DV, Cruelty NOT proven, Looses case ! Delhi MM court http://wp.me/p7s7-20C


DVSeries#33:LOVE match 2 court! DV b4 marriage! 498a 307 323 AFTR marage. Sis in law runs 4 quash http://wp.me/p7s7-1PW


DvSeries#32: No maintenance to erring women ! DV case won by husband on strong arguments & facts. http://wp.me/p7s7-1MF


DVSeries#31: Beaten &evicted elderly M in law WINS DV. Sessions orders lower court 2 grant relief http://wp.me/p7s7-1PS


DVSeries#30: India becoming land of fake DV? Madras HC dismisses fake DV 2 settle property dispute http://wp.me/p7s7-1OV


DVSeries#29: Your Honour I doNOT know her, she’s NOT my wife How could I beat her or my brother mollest? what DV http://wp.me/p7s7-1Pl


DVSeries#28: NON disclosure of pre cognizance DV NOT dis entitle you from GOVT JOB ! Delhi HC http://wp.me/p7s7-1OL


DVSeries#27: Sister married 40yrs ago files DV on brothers 4 property !! MP HC decrees NO DV http://wp.me/p7s7-1Mt


DVSeries#26: Wife earning equal 2 hubby NOT get maint NOR residence under DV! Delhi Sessions Court http://wp.me/p7s7-1Mq


DVSeries#25: WIFE already making moolah in sec 125 CrPC cannot make MORE moolah using DV !! Del HC http://wp.me/p7s7-1p0


DVSeries#24: DV Act does not create any additional right to claim maintenance !! Del HC http://wp.me/p7s7-1q6


DVSeries#23: Raj HC : Wife who leaves 3yr old kid & goes away, files 498a DV Looses kid’s custody! http://wp.me/p7s7-1CG


DVSeries#22: IF paying maint in DV seek reducn of S 125 maintenance! MP HC http://wp.me/p7s7-1F9


DVSeries#21: Rare order (not the norm!) : NO arrest for NON payment of DV maintenance. Kerala HC http://wp.me/p7s7-1Fm


DVSeries#20: No DV cases on relatives (say inlaws) who are NOT in domestic relationship! Andhra HC http://wp.me/p7s7-1Ww


DVSeries#19: DV case on elders, relatives etc quashed. Only husband to fight ! Madras HC http://wp.me/p7s7-1IF


DvSeries#18: Max 1 month arrst 4 maint arrears. No DV maint enhance by session court. Karnat HC http://wp.me/p7s7-1Fn


DVSeries#17: Gulf based NRI earng 65K pm 2 pay ONLY 6K to wife: Kerala DV case with LOW LOW maint http://wp.me/p7s7-1Fj


DVSeries#16: Husband can sell his house when he wants!! DV can’t stop that. Kerala HC http://wp.me/p7s7-1Fl


DVSeries#15:IF Wife can’t prove DV, children ALSO NOT entitled maintenance under DV. Bombay HC http://wp.me/p7s7-1wz


DVSeries#14:Need Cent Govt permission 2 investigate offence outside India Good case 4 DV, Dowry NRI http://wp.me/p7s7-1zE


DVSeries#13: 24 HMA Intr. maint reduced bcaz wife already getting DV maintenance !! MP, HC http://wp.me/p7s7-1Bh


DVSeries#12: BOM HC : NO DV if couple not living 2gther not sharing h hold! NO DV 5yrs aftr dvorce! http://wp.me/p7s7-1yS


DVSeries#11:Wife Can’t return frm abroad &file DV 1yr aftr sepraton! Not in domst rel.ship: Bom HC http://wp.me/p7s7-1yG


DVSeries#10: Personal appearance NOT essential in DV case : Kerala HC : appear thru counsel http://wp.me/p7s7-1wI


DVSeries#09: Wife tries DV aftr mutual dvorc &delay! LOOSES @SC. SC supports 1yr timelimit for DV http://wp.me/p7s7-1×8


DVSeries#08: DV on inlaws 5yrs aftr huby death! Wife wants piece of house Dhingra ji send her back! http://wp.me/p7s7-1xu


DVSeries#07:SuprmCourt: If DV filed, police 2 make enqury frm family, neighbours,freinds, b4 case! http://wp.me/p7s7-1wJ


DVSeries#06: Wife’s 172 days delay in filing revision for DV case NOT accepted by Madras HC http://wp.me/p7s7-1×7


DVSeries#05: Womn caught lying in cross exam about DV & dowry looses case gets NO Money! Delhi MM http://wp.me/p7s7-1MV


DVSeries#04: Dghtr in law forcefully enter FIL’s house & tries DV residnce. Looses completely. http://wp.me/p7s7-1Nq


DVSeries#03: Live-in woman claims rape, DV, cheating, bigamy etc 9yrs later! P&H HC throws her out http://wp.me/p7s7-1Nt


DVSeries#02: Every failed marriage NOT DV! Fake DV case after 498a quashed by Del HC. http://wp.me/p7s7-1NG


DVSeries#01: Serial case filing wife’s DV quashed by Karnatk HC “nothing but abuse of process of Court” http://wp.me/p7s7-1Qj


Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person; So wife cannot claim double maintenance under CRPC 125 and DV Act; Delhi HC ;

  • Domestic Violence Act, 2005 does not create any additional right to claim maintenance
  • It only puts the enforcement on fast track.
  • If a woman had already filed a suit claiming maintenance and after adjudication maintenance has been determined .. she does not have a right to claim additional maintenance under DV !!!

Date of Reserve: August 25, 2010
Date of Order: 30th August, 2010
Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010


Rachna Kathuria … Petitioner
Through: Mr. P.Narula, Advocate


Ramesh Kathuria … Respondent
Through:Mr. S.S.Saluja, Advocate


  1. Whether reporters of local papers may be allowed to see the judgment? Yes.
  2. To be referred to the reporter or not? Yes.
  3. Whether judgment should be reported in Digest? Yes.


  1. By this petition under Section 482 Cr.P.C. the petitioner has assailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the petitioner was dismissed.
  2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition.
  3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed.


August 30, 2010


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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist