Maintenace under DV Act is an addtional provision of maintenance. Even if the spouse is getting maintenance under Section 125 of CRPC, the agrieved spouse may seek maintenance under DV Act, but there are certain coditions to be fulfilled.
whether the petition filed by the respondent-wife under the provision of the Domestic Violence Act is barred by limitation; secondly whether the respondent-wife can claim maintenance under the Domestic Violence Act, in view of the fact that she is already receiving maintenance under Section 125 of the Code of Criminal Procedure or a petition for enhancement has to be instituted under section 127 of the Code of Criminal Procedure?
In Sanjay Gulati vs Harsh Lata on 26 April, 2018 [1], Claiming enhancement of maintenance and even maitenance under diferent laws
the respondent wife would be entitled to claim maintenance under Section 20 of the Domestic Violence Act, even though she is already getting maintenance under Section 125 of the Code of Criminal Procedure. There is no requirement for the aggrieved person, the respondent herein, to file an application under Section 127 of the Code of Criminal Procedure seeking enhancement of maintenance and to prove that they are changed circumstances.
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