Domestic violence act
A. M. Tripathi
(Querist) 31 January 2012
This query is : Resolved
whether wife, who is not entitled to get maintenance under section 125 of the Criminal Procedure Code can get maintenance under Protection of wife from Domestic Violence Act, 2005?
Advocate. Arunagiri
(Expert) 31 January 2012
Yes she can file the application under the DV act.
Shonee Kapoor
(Expert) 31 January 2012
Yes, she can.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 31 January 2012
You have not mentioned the reason why such wife is not entitled to claim maintenance under section 125 Cr. PC.
If she is not entitled because of having sufficient means to maintain herself then she is not entitled even under DV Act. Rest depends upon you posting the actual facts of the case.