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hnk (abc)     18 October 2017

Maintenence in dvc and u/c 125

Hi my DVC is ordered exparte with maintenance and 125 is currently running. can 125 kept pending because DVC is ordered.?


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 3 Replies

Vijay Raj Mahajan (Advocate)     18 October 2017

Yes let the proceedings under section 125 Cr.P.C kept open as the ex-parte order in DV Complaint can always be set aside and complaint reopened, more so the amount of maintenance awarded has not yet been paid by the respondent and under section 125 Cr.P.C if the order of maitenance is obtained, the recovery of the same can be done much more easily by sending the respondent behind the bars if he fails to pay it to you.

 

Jaspal singh (practicing lawyer)     19 October 2017

No, firstly you have to make an application for set aside the order which was passed in D.V case and 125 CR.P.C will remain in consist however the mainenance payment will be adjusted if any you have made to your wife, either D.V or 125 CR.P.C only one shall remain in force, whichever is higher.

Jaspal singh (practicing lawyer)     19 October 2017

No, firstly you have to make an application for set aside the order which was passed in D.V case and 125 CR.P.C will remain in consist however the mainenance payment will be adjusted if any you have made to your wife, either D.V or 125 CR.P.C only one shall remain in force, whichever is higher.


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