Upgrad LLM

maintainence under dva

I am representing Respondent (husband) in DV Act matter. Wife left husband about 3 1/2 years back and obtained khula divorce from husband. She filed maintainence case U/s 125 Cr.P.C. which is dismissed by a Sessions Court holding that she is not entitled for maintainence from my client. Then she has now filed case under DV Act. Is it maintainable. I am aware of Inderjit Singh Grewal  judgment by SC on limitation but I need a judgment which says once maintainence refused U/s 125 Cr.P.C. then relief cannot be granted in DV Act also. Kindly let me know.




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