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Md Atif (finance professional)     16 December 2024

Interim maintenace under 125 and domestic violence

HI,

Please guide me—interim maintenance of Rs. 10,000 has been allotted to my wife under Section 125A in Uttar Pradesh by the Family Court.

Now, she has filed for interim maintenance under the Domestic Violence Act.

Can the court pass a judgment on interim maintenance under the Domestic Violence Act as well?

Please advise.

Please guide.



Learning

 3 Replies

singhmonika   16 December 2024

yes , there is no bar but the cout will also consider the maintenance already allwed under section 125 Cr.Pc as well as many other factors. 

T. Kalaiselvan, Advocate (Advocate)     16 December 2024

The court can pass interim maintenance in the DV case also because it is a separate provision of law, you may inform the court about the award already granted by family couert and get it reduced.

P. Venu (Advocate)     16 December 2024

has she disclosed, in her application, that the she is already in receipt of maintenance under CrPC?


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