Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Chinese Chef (Integration Architect)     03 December 2017

Is it necessary to prove Domestic violence for Maintenance?

Dear experts,

Wanted to know if the petitioner gets maintenance in PWDVA case only upon proving domestic violence? Or is maintenance allowed irrespective of the fact whether domestic violence even happened?

Pertinent to mention that complainant is already getting maintenance U/s 125 of CrPC.

Can you please help me with your opinions?

Thanks - CC


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 2 Replies

Sachin (N.A)     03 December 2017

Originally posted by : Chinese Chef
Dear experts, Wanted to know if the petitioner gets maintenance in PWDVA case only upon proving domestic violence? Or is maintenance allowed irrespective of the fact whether domestic violence even happened? Pertinent to mention that complainant is already getting maintenance U/s 125 of CrPC. Can you please help me with your opinions? Thanks - CC

 

Generally, inteim maintenance can be granted without proving the domestic violence but for final relief complainant has to prove her allegations.

But in your case because she is already getting maintenance under 125 CrPC she is not elegible for interim maintenance also

c.thomas noble (Lawyer)     03 December 2017

Under Dv or 125 crpc she is entitled to receive maintenance from you but your case your wife already receiving maintenance. My question is which application is filed first and whether it is final order in 125 crpc? or from a order in M.P. in maintenance case? pls check it out and if yes dv is maintainable and if no dv is not maintainable. Further your wife's claim is only for maintenance or part of the claim if so judge will decide the maintenance under dv in the final order.definitely no order will be passed with regard to maintenance under dv.

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