Maintenance under Domestic Violence Act to be adjusted against maintenance awarded u/s 125 CrPC

Vishal vs Sow Aparna and another

Bombay HC, Aurangabad Bench

13/06/2018

CRIMINAL REVISION APPLICATION NO.203 OF 2017

About/from the judgment:

When the interim order came to be passed under the DV Act, there was no other order in existence awarding any maintenance to the wife and the daughter. Therefore, it cannot be said that the amount, as has been awarded by way of interim maintenance under the DV Act, is in addition to the amount of maintenance awarded under any other provision of law. Had there been any earlier order in existence awarding some maintenance to the respondents and in spite of the said order, if the learned Magistrate dealing with the proceeding under the DV Act, by recording reasons, would have granted some more amount by way of maintenance in addition to the maintenance already granted in favour of the aggrieved person, the position would have been different. In such a case, the adjustment could not have been permissible.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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