Grant of maintenance by court when the wife is a working woman


She can claim maintenance under section 125 and also in DV and section 24 though both are working , will she be granted in any of these??

Answers (3)


118 votes

If she has claimed the maintenance under Section 125 then she can't claim in DV. If she does so then you show the petition copy claimed for maintenance under 125. Do you have children., as she is also working women the quantum of maintenance may be reduced and again its the discretion of court and the reliance upon the documentary proof or evidence before the court.


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202 votes

Yes definitely she can claim maintenance under any of the provisions you stated above
But Court is at discretionary power to grant or not to grant the maintenance depending upon each facts and circumstances of the case.
So you have prove if accordingly , in whatever favours you right

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186 votes

She can claim maintenance under DV as well as in MC case but not simultaneously in Section 125 Cr.P.C petition. This is because DV is a special statue whereas MC and Section 125 of CR.P.C is not. So in addition to DV she can claim maintenance in any one either in MC or section 125 Cr.P.C.

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