domestic violence act

abc (Querist) 21 April 2008 This query is : Resolved
Is the maintenance sought for by the wife under domestic violence act governed by section 125CRPC i.e if the wife is professionally qualified & can mantain herself, is she still entitled to maintenance & residence rights under Domestic Violence act.

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H. S. Thukral (Expert) 21 April 2008
Section 20 of the Protection of Women from Domestic Violence Act, 2005 deals with the monetary relief which a court can grant under the Act. Section 26 says that the relief saught under various sections of the Act inclduing section 20 are in addition to other reliefs saught under civil and criminal law. Therefore section 20 of the Protection of Women from Domestic Violence Act, 2005 has no bearing upon section 125 of cr.p.c. An application under section 20 can be made before the court where the proceedings in respect to section 125 cr.p.c. are pending.

Srinivas.B.S.S.T (Expert) 20 June 2008
she is entitled for residence rights but there in no need to pay her maintenance if she is having sufficient source of income.

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