To stop the proceedings of 125 crpc if Dv act is also in motion


what is the procedure and jurisdiction to stop the maintenance under 125 crpc if maintenance is allowed in DV complaint. also mentioned any recent judgement if any?

 
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There are various HC and SC judgements are there.where qualified wife is not eligible for maintenance.
 
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Do you have a lawyer representing you?


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Advocate

The wife can claim maintenance even if she is qualified person if she had no source of income for her maintenance. The wife is purposely not working in spite of offer for job on the basis of her qualifications, this evidence will be brought on records of the case by the husband by filling application under section 127 CrPC for setting aside maintenance order under section 125 CrPC. In case wife allowed maintenance under the DV Act the application to set aside the order can be moved if there is evidence of the wife having sufficient source of income to maintain herself or is purposely avoiding job for earning her livelihood.
 
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