Kg 24 November 2016

Is sec. 125 of cr. p. c. is maintainable here

Sirji,

I have filed complaint u/s 12 of the DV Act, 2005 and the Magistrate sanctioned me 2200 maintenance and 1700 rent inurban area having population of 25 lacs

But I find it difficult to maitain my self in that amount and unwillingly have to take help from my parents

Hence somebody advised me to file application u/s. 125 of Cr. P.C. for more maintenance and/or for the increasre in maintenance,

Is it possible?

HARIOM

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10 Replies

YASHWANT.R.KHANVILKAR 24 November 2016

Yes u can file it under u/s125 but u can only have one relief under dv or 125 which were is higher relief

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 24 November 2016

Consult local lawyer who can draft petition and file in court.

Regards,

ZohebKhatri@gmail.com

Ms.Usha Kapoor (CEO) 24 November 2016

If you apply under ection 125 Cr.P.'c you can get interim maintenanace but the maintennace underDV act will be adjusted and balace is given to you.In case youwant to simuoltaneously avail of DV Act maintenace and 125 Cr.p.C MAINTENANCE. OTHERWISE YOU CHOOSE SECTION 125 Cr.P.C Mintenance which the court may award better amount consistent with cost of living and stick to it. You should drop DV proceeedings then.If you appreciate this answer please convey my forum thanks by clicking thanks.

Kg 24 November 2016

Thanks to all

I will like to further put a thank to Ms.Usa Kapoor

FURTHER QUESTION

The new Application under Sec. 125 of Cr. P.C. may go before the same Magistrate where the DV case is pending

I request to send me a draft of Sec. 125 of Cr. P.C.

HARI OM

(Guest)

Yes you can. Section 125 CrPC has the provision for that

Ms.Usha Kapoor (CEO) 24 November 2016

Ifyou like my answer why don't you click thanks button on forum Sir.?

(Guest)

125 crpc application need to be filed in Famliy Court, but as you have already got relief under DV Act, you wont be granted same amount of relief under another provision of Law. It will be in prorata with already awarded maintenance. You can ask for enhancement of existing maintenance under DV in same court after a period of 1 year However you can file 125 application in same DV court also. But I suggest you to apply in FC.