Can s-125 maintenance matter be converted to s-498-dv
Querist :
Anonymous
(Querist) 12 December 2023
This query is : Resolved
my matter in court since may 2015 s-125 maintenance, Respondent retired in aug 2014 fm RLY, bcoz if R'dents' foolishness, Petitioner lost her job w.e.f.1.1.2019, doesn't look I may get anything substantial, MY QUERY:Can i convert this S-125 into DV S-498, came across this judgement ' if yes, some initial guidance Published on :
02 Dec 2023, 3:58 pm
The Madhya Pradesh High Court recently held that the rejection of a wife’s application for maintenance under Section 125 of the Code of Criminal Procedure (CrPC) does not bar her from seeking monetary relief under the Protection of Women from Domestic Violence Act (DV), 'CAN I BE FAVOURED WITH THIS JUDGEMENT details to get a hard copy, THANK YOU
T. Kalaiselvan, Advocate
(Expert) 13 December 2023
The maintenance case cannot be converted to criminal complaint under section 498A IPC nor it can be converted to DV case.
The referred judgment states that even though the maintenance amount was sought under section 125 cr.p.c., the petitioner can seek maintenance under the provisions of DV act also.
Do not misinterpret the judgment or law.
Querist :
Anonymous
(Querist) 13 December 2023
Thank you for this prompt specific reply, do i need to file a DV case, or a provision of S-498 can be read together S-125, ( as a lay person, have been looking for such help to push my matter for justice).
Querist :
Anonymous
(Querist) 13 December 2023
Noted, much obliged if i can receive some details of this judgement viz. Order no. etc, enable see how to ultimately get local help to get copy of same, THANK YOU
T. Kalaiselvan, Advocate
(Expert) 19 December 2023
You are eligible to claim maintenance under section 125 cr.p.c., and DV case but not in the criminal case under section 498a ipc.
Querist :
Anonymous
(Querist) 20 December 2023
Thank you v much Sirji, if you can oblige with this judgement (very much appreciate for yr support🙏): https://www.barandbench.com/news/wife-seek-maintenance-domestic-violence-act-section-125-crpc-claim-rejected-madhya-pradeshhighcourt,( crpc125 is doubtful as Accused using Trump card that Petitioner was earning better, and hide the fact that he shirked ALLLL FATHER RESPONSIBILITIES too...district judges focus to compare finance factor n leave the rest, additionally community feelings also run high...ultimately the PETITIONER SUFFERS in-n-out of the house.
