Domestic violence act & 125 crpc

Querist : Anonymous (Querist) 21 August 2011 This query is : Resolved
wife living separate from 2009. file appln u/s 12 of domestic violence act but the same was dismissed by JMFC in July 2011. Can she file appln u/s 125 crpc for maintenance?? what is the effect of dismissal of domestic violence case on 125 crpc.?? from the year 2009 she never received a single rupee as a maintenance from husband....

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n.k.sarin (Expert) 21 August 2011
domestic violence Act and sec 125 CrPC both are different.application under sec 125 CrPC for the maintenance is maintainable even after dissmissal of application under domestic violence Act.There is no effect of dismissal of domestic violence case on 125 CrPC.

Devajyoti Barman (Expert) 21 August 2011
1. Yes
2.nothing
3.that would be taken into account while granting maintenance.

prabhakar singh (Expert) 22 August 2011
Both of experts have correctly opined

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