125 Crpc vs Domestic Violence

Querist : Anonymous (Querist) 09 February 2011 This query is : Resolved
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My domestic violence case is pending for summoning of respondents,is it better to file a separate case us 125 crpc for maintainence or not,secondly DV case can be filed any where ,where wife is even residing temporarily,can i also file a 125 crpc petition where presently i am residing temporarily.Kindly help.
Seema Goyal

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Amit Minocha (Expert) 10 February 2011
you may file a separate case u/s 125 but Court would consider what has been granted in DV case and it is better to file the both in same Court so that you have simultaneous hearing for both

Out of Court (Expert) 10 February 2011
reiterable...

Parveen Kr. Aggarwal (Expert) 10 February 2011
In case of complaint under the Domestic Violence Act, maintenance can be granted only if it is proved that the complainant is a victim of domestic violence whereas in a petition under section 125 of the Code of Criminal Procedure, she is entitled for maintenance in case the husband has neglected and refused to maintain her.

A petition under section 125 can be filed where the petitioner is residing.

Advocate Bhartesh goyal (Expert) 10 February 2011
I do agree with Mr.Parveen Kr.Aggarwal.

Kirti Kar Tripathi (Expert) 10 February 2011
I also agree with Praveen.

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