Vijaymbhave (It Developer) 07 June 2010

Maintenance under 125

Hello

Maintenance asked under 125 in one court while maintenance under DV act in another court? How the girl can ask maintanance under 125 and DV act at same time.

What should i do?

Vijay

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5 Replies

subhash kumar (advocate) 07 June 2010

dear , the girl can ask for the maintenance under both the law but maintenance shall be grant subject to adjustment

Devajyoti Barman (Advocate) 07 June 2010

No the maintenance granted in a proceeding u0s 125 does not get adjusted with the amounted pased in a proceeding under DV Act. In other words the husband would have to pay the maintenance as per directions of both cases and without any adjustments.

(Guest)

MAINTAINENCE UNDER SEC.125 OF CRPC AND MAINTAINENCE UNDER PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT , BOTH CAN BE CLAIMED BY WIFE SUBJECT TO THE INCOME OF HUSBAND FROM ALL SOURCES. THERE IS LAW PROVISION FOR THE SAME.PLEASE NOTE.

Vijaymbhave (It Developer) 10 June 2010

What is the meaning of adjustment?

Munirathnam (Scientist) 18 June 2010

There are judgements in which High COurt say that double maintenacne to wife is not maintainable. If wife gets maintenacne in DV later if she files CrPC-125 praying the same reliefs, then there is no meaning to file two cases with same reasons. Hence this kind of cases are suitable to quash... Approach High Court saying that attitude of wife is not acceptabel in society. Fight....never giveup.....