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sunil (abc)     03 February 2011

interim maintenance under DV act

I am facing case under DV act against me for last 2.5 years.My wife is residing at her parents home since then.Now her lawyer debated for interim maintenance.She has not filed any other case such as 498a, 125 etc

I want to ask 

1. can interim maintenance be granted while she has not filed 125 yet.

2. what would be approx amount considering i am an unemployed person for last 2.5 years.


 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 February 2011

Under the DV act she can claim.

Suchitra. S (Advocate)     03 February 2011

DV Act provides for various reliefs for a wife. She can ask for protection order, residence order apart from interim maintenance all of which are not available under S.125 CrPC.

VictimOfBiasLaw (Professional)     03 February 2011

what if DV case is not proved , still she is entitled for maintenance ?

at what stage of DV case court order for maintenance ?

Suchitra. S (Advocate)     04 February 2011

The word "interim" means till case is decided. So, she is eligible for interim maintenance. 

VictimOfBiasLaw (Professional)     04 February 2011

but what if DV case proved false ?

and judge realize that wife filed case on false ground only for money ?

Suchitra. S (Advocate)     04 February 2011

After it is proved that she has filed a false case, then you need not pay maintenance further. But till the case is decided you will have to pay her.

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