Parthasarathi Loganathan (Advocate) 02 March 2010
Case Illustration:
Lakshmi and Rama were married on 3.3.05 at GNR Kalyana Mandapam Jaya Nagar VII as per Hindu rituals.On 5.7.06 Sindu was born out of wedlock to Lakshmi.
Lakshmi had gone to her parents' place at Adugodi in June 2006
Rama took a second wife Pankaja
Complaint was filed in Jayanagar Women's Police Station for deserting her
Rama is employed on CRPF and earns Rs.20000 pm
How can Case claiming maintenance be filed. Legal fraternity to guide me.
Suchitra. S (Advocate) 02 March 2010
Ofcourse, Sir, she can file a case for maintenance under s.125 CrPC.
Arvind Singh Chauhan (advocate) 02 March 2010
Simple as suggested by Suchitra Ji. In addition, she may claim compensation under DV Act.
Gundlapallis (Advocate) 03 March 2010
Its better to ask under DV Act because the grant of maintenance under this act takes into consideration such facts as the standard of living of the girl and grant accordingly - And one another advantage is any grant for maintenance under DV act is 'in addtion to' what she might get from any other provisions of law including 125 CrPC.
Suchitra. S (Advocate) 03 March 2010
Sir, I knew about geting maintenance under DV Act. But I intentionally avoided it as I did not want the person to claim maintenance under domestic violence in this case.. :) I know , as an advocate, I should have quoted.. :) I think even under s.125, the standard of living is taken into considration.
Gundlapallis (Advocate) 03 March 2010
Dear Suchitra, Dont understand why do you want to avoid intentionally the claim under DV act. u/s 125 standard of living of the claimant is not the criteria but it is an social order with criminal liability to provide for the basic necessities of the dependants. Basic, minimum survival necessity is only considered under this proceedings.
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