Relief under DV Act 2005 is different from relief under section 125 of CrPC. : Supreme Court

Relief under DV Act 2005 is different from relief under section 125 of CrPC. : Supreme Court

A Special Leave Petition was filled in the Supreme Curt of India against a Delhi High Court order that which stated that relief under section 125 of CrPC does not act as a bar to obtain relief under Protection of Women from Domestic Violence Act 2005. The Supreme Court bench consisting of Justice Chandrachund and Justice Indira Banarjee opined that just because a maintenance order is passed under one of the above reliefs does not bar the aggrieved person to file for a relief under another act. Both the above acts are separate and independent of each other.

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It was observed that both of these reliefs are different in approach if read closely , the scope of both of these acts are different even if there is some kind of overlapping. The court while dismissing the SPL under Article 136 of the Indian Constitution concluded that the overlapping between these two sections is covered when at the time of the consideration of the application under DV act 2005 the maintenance awarded under section 125 CrPC is also taken into account. The Delhi High Court while giving the said order placed reliance on the judgement of the Hon’ble Supreme Court of India in the case of Abdul Majid Khan vs. Atif Iqbal Masoori where the wife was granted maintenance under section 125 CrPC and was also granted monetary relief u/s 20 of the DV Act 2005.

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