Quash of 125 crpc when whife is receiving interim allowance through d v act case

SUBHAM AGARWAL (Querist) 30 December 2011 This query is : Resolved
Can 125 CRPC SUIT BE QUASED WHEN WIFE IS RECEIVING INTERIM MAINTAINANCE ALLOWANCE THROUGH D.V .ACT SUIT. THIS DV ACT CASE IS PENDING IN HIGH COURT AND INTERIM MAINTAINANCE ALLOWANCE OF Rs10000 is being paid since 3 years regularly.
Please provide recent Supreme Court decision in similar case

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Devajyoti Barman (Expert) 30 December 2011
Both the proceedings are under different provisions of law and moreover as per the provisions of PWDV Act poendency of section 125 crpc case is no bar for a case under this Act.
However in certain cases the Magistrate may in its discretion direction payment making such deductions as ordered in the 125 cropc case.,

s.subramanian (Expert) 30 December 2011
I agree with Mr.barman.

Rajeev Kumar (Expert) 30 December 2011
I agree with Barman

Deepak Nair (Expert) 30 December 2011
Rightly opined by Mr. Barman

prabhakar singh (Expert) 30 December 2011
I agree with common opinion.

Shonee Kapoor (Expert) 31 December 2011
I agree with ld. experts, however due to some unexplainable reasons, one such prayer by me was accepted by the court when it asked the complainant, which case she wants to proceed. The complainant withdrew 125 and proceeded with DV alone.

:-)

So just pray, maybe the court would ask the complainant for the same.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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