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Deekshit Kumar (private)     21 June 2024

Multiple maintenance petitions

Hi Sirs,

Maintenance application filed under Hindu marriage act, where the maintenance was granted to only daughter and not the wife.  Wife wants to file Domestic violence case as well as maintenance petition under section 125 CrPc.

my question is as the wife's maintenance is declined in the application filed under Hindu marriage act, is there a chance of wife getting mainteance order in section 125 crpc and in domestic violence case.  Please clarify.

Thanks in advance

Deeksh*t



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     21 June 2024

It is not known that why her maintenance application filed along with the divorce petition was dismissed by court, hence without knowing the reason, it will be difficult to render any opinion on all such further questions

Dr. J C Vashista (Advocate )     22 June 2024

It implies that wife has sufficient means to maintain herself accordingly she will not get any money in PWDV Act case as well, if the case is well presented before the Court.

P. Venu (Advocate)     22 June 2024

The grounds for disallowing the maintenance in the first case could be urged in the second case.


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