HC on Maintenance: Wife Can Seek Maintenance Under Domestic Violence Act Even if Section 125 CrPC Claim Is Rejected, Says Madhya Pradesh High Court
"If, in proceeding under Section 125 of CrPC, the application of wife seeking maintenance is rejected by the Family Court, such wife would not be precluded from claiming maintenance or other monetary remedy under the provisions of the DV Act," the court stated.
The Madhya Pradesh High Court recently said that a wife can seek maintenance under the Domestic Violence Act even if Section 125 CrPC claim is rejected. The high court bench of Justice Prem Narayan Singh said that a decision taken in a case under Section 125 CrPC and under Section 12 of the DV Act have no binding effect on each other. "If, in proceeding under Section 125 of CrPC, the application of wife seeking maintenance is rejected by the Family Court, such wife would not be precluded from claiming maintenance or other monetary remedy under the provisions of the DV Act," the court stated. HC on Divorce: Husband Cannot Escape Liability of Maintenance by Merely Citing Faults in Wife's Pleadings, Says Madhya Pradesh High Court.
HC on Maintenance
Wife can seek maintenance under Domestic Violence Act even if Section 125 CrPC claim is rejected: Madhya Pradesh High Court
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(The above story first appeared on LatestLY on Dec 02, 2023 06:50 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
