Maintainability of crpc 125 after filing same case under dv

@helping hand, The DV case has been dismissed already

she can file case under125 of cr.p.c. if she is living with sufficent cause.

Both are different statutes which facilitates seeking maintenance. She may file a case in both DV and 125 but would not get double relief...

Regards

Chetan(dot)7679(at)gmail(dot)com

@ Chetan,

I disagree to your second sentence, re-read what the author is asking. BTW, she can jolly well get maintenance under both provided she proves respective social Section under CrPC / social Act's intent and objects, who says she cannot get double relief only thing which will happen is she will execute the higher award that is all but that is not what the facts reads (DV case already dismissed which I find it strange as she used S. 12 DV Act which is hard to dismiss and is other discussion topic though)!

Here it is a case of approaching concerned Court with unclean hands based on using almost same words, commas, paras, sentences of a already decided (dismissed) case and this second case is liable to be dismissed only if author of the post has a persuasive long rhythm pleader to his side in State's HC and recent decided cases under family Laws also says so.

125. Order for maintenance of wives, children and parents.

 (1) If any person leaving sufficient means neglects or refuses to maintain-

 (a) his wife, unable to maintain herself, or

So, the eligibility criteria for seeking maintenance under Section 125 Cr.P.C. differs with that of DV Act.  The dismissal of maintenance in DV Act does not bar the wife to file application under Section 125 cr.p.c.  However, it has to be indepthly studied the ratiocination emanated by the court to dismiss the maintenance under DV Act to give a definite reply that whether she will succeed in Section 125 cr.p.c. or not.

here is the citation pdf

hi there is a judgment of Hon'ble RS Chouhan (Rajasthan High Court) acc. to that if a dv app. is rejected the wife cannot get maintenance u/s 125

Thanks a lot for the information Abhishek. Could you please tell me the year of the judgment or name of the parties?

gyanchand v/s smt. rekha year 2010 or 2011

Dear Abhishek, I searched all the judgments by Hon Justice RS Chauhan but could not find the judgment mentioned by you. Could you please provide additional information about this judgment (may be full name of petitioner/ respondent). Thanks a lot for your co-operation.

Thanks a lot Adv Abhishek sir. This judgement is really very useful.