Maintainance under DV act

Querist : Anonymous (Querist) 31 January 2011 This query is : Resolved
Sir,
In DV act is it possible to get exemption in maintainance. (wife+child(less than one year old)).
The wife is highly qualified, UG+PG, but not working at present and residing in the house of parents.

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Amit Minocha (Expert) 31 January 2011
Under the act, the court of metropolitan magistrate (MM) has the power to grant maintenance and monetary relief on an interim basis in a fast track manner only in those cases where a woman has not exercised her right of claiming maintenance either under civil court or under section 125 of CrPC.

Devajyoti Barman (Expert) 31 January 2011
The DV Act does not prescribe any waiver for maintenance due to qualification of the wife. So the husband wll have to pay maintenance if so directed by the court.

G. ARAVINTHAN (Expert) 06 February 2011
qualified is different from earning/employed. Maintenance will lie

G. ARAVINTHAN (Expert) 06 February 2011
qualified is different from earning/employed.

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