DV preferable over section 125 maintenance?

Guest (Querist) 23 March 2011 This query is : Resolved
Under Section 31 of Protection of Women from Domestic Violence Act, a breach of protection order or of an interim protection order by the respondent shall be an offence and shall be punishable with imprisonment.

My query:-

1.Thus if interim/final maintenance is ordered it will be difficult for husband to not follow order of giving maintenance under DV act while penal action is a delayed and long process under 125 specially when property of husband has not been known to girls side ?Is not it?

2.If yes,then in our case where we have got interim maintenance ordered under 125 ,should we refuse it to get it under DV which was filed one month after 125 suit?

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M.Sheik Mohammed Ali (Expert) 23 March 2011
the court having power to until provide maintenance he go prison.

Guest (Querist) 23 March 2011
But the court takes action strictly under DV but not under 125 in case of non implementation,so should the maintenance be refused under 125 to get it under DV?

Jitendar Kumar gupta (Expert) 23 March 2011
you must fix monetary compensation under DV Act. The amount shall be adjusted in the amount of maintenance under 125. If you need more call at 9868529732 or mail to:
guptajkin@gmail.com

Devajyoti Barman (Expert) 23 March 2011
Please bear in mind that the execution of the maintenance order under DV Act is as per the provisions for section 125 crpc. So I fail to understand how you see the difference between the two when you mean the execution and not the punishment for non complaisance of order other nature.

Guest (Querist) 25 March 2011
Devajyotiji

Punishment will only decide whether maintenance is provided by spouse or not.Is not it true that generally excuses are made by spouse to delay or not pay the ordered amount under s- 125 where as under DV prompt action is taken if he does not pay maintenance.

Guest (Querist) 27 March 2011
noone else to answer?

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