Domestic violance act
santhosh
(Querist) 23 November 2009
This query is : Resolved
Is the mainanance granted in the domestic violance act is valid if the wife was divorcd on the ground of adultary?. Is the section 125 Cr.P.C is applicable to be read with domestic violance act in the above ?
g.santhosh, advocate
Arvind Singh Chauhan
(Expert) 23 November 2009
In DV Act magistrate has wide powers. Though there is not any provision like 125 Cr.P.c to refuse maintenance on the ground of adultery, but I think court surely consider this point and will reject the maintenance.
Devajyoti Barman
(Expert) 23 November 2009
Decree of divorce on whatever ground has nothing to do with the merit of the case under DV Act. This is a special beneficial legislation to cover the loopholes not otherwise covered by other beneficial legislation like sec.125 Crpc. and because of the intent in legislating the Act in question and also of the sec.26 of the Act, the order passed under 125 of Cr.pc has no bearing in the merit of the case under DV Act.
Raj Kumar Makkad
(Expert) 23 November 2009
barman has rightly described the DV act which has no connection with the grounds of the divorce and has nothing to do with the provision of 125 Cr. P. C.
