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Share More (def)     26 October 2010

DV act Vs CrPC 125

wife filedSec 12 DV act to have residential rights, maintenece etc. if with god's grace, husband escapes from this extortion, can she file CrPC 125 or not?

Is there any effect of lost Sec 12 DV case on Sec 24 case filed under HMA for the wife? (Divorce case already filed by husband)


 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 October 2010

Of course she can file for maintainance u/s. 125 crpc even if she loses a case u/s.12 DV Act. Also losing DV has no effect on maintainance u/s.24 of HMA.

adv. rajeev ( rajoo ) (practicing advocate)     26 October 2010

I agree with Archana

M. A. Khan (advocate)     26 October 2010

Remedies available in DV  act is addition to all other acts. Therefore, even though DV application is pending, dismissed, wife can file appln u/s 125 as well as under HM Act.

bhupender sharma (head)     27 October 2010

125 Code of Crimianl Pocedure is in adtion to the D.V. Act. she can do so. (def)     27 October 2010

Thanx 4 replies.

For a layman, wat's the diffence b/w sec 24, CrPC 125 n Sec 12 DV?

Adv Archana Deshmukh (Practicing Advocate)     27 October 2010


If any person neglects or refuses to maintain his wife, children, parents who is  unable to maintain themselves, then an application U/s. 125 crpc can be filed for mainatainance.

S.12 DV can be used for claiming maintainance as well as other reliefs such as protection order, residence order. This provision is available to the women who are subject to domestic violence.

Under S.24 HMA interim maintainance can be claimed by the respondant husband or wife if he/she has no independent sufficient income for support as well as expenses of the proceedings whilst a petition is pending u/s. HMA.

Parth Chandra (none)     28 October 2010

Hi Archana Ji & other expert,

On the similar line......

As in Crpc 125, husband can oppose interim and final maintenance plea on the ground that he has not commited any cruelty/neglect and is ready to take wife back right now......

However in DV, what ground can a husband use to oppose the interim/final maintenance plea....particulary when no harrasement is commited and wife just wants to live with her parents but want husband's money to run expenses!!!???


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