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Wife is debarred or not from claiming maintenance , after three years under Domestic Violence Act

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The second prayer in the present petition relates to the quashing of CC No. 7601 of 2017 under Section 12 of Protection of Women from Domestic Violence Act (in short ‘PWDV Act’). 10. As perusal of the prayers in the complaint under Section 12 of the PWDV Act relate primarily to grant of maintenance to respondent No. 2 and the minor child. Non providing of maintenance is a continuous cause of action and even if for three years the respondent No. 2 did not claim the maintenance for herself or for the child, the same would not debar her from seeking maintenance under Section 12 of the PWDV Act and the complaint thereon cannot be dismissed being barred by limitation. In the High Court of Delhi at New Delhi (Before Mukta Gupta, J.) Anthony Jose v. State of NCT of Delhi & Ors. W.P(CRL) 2325/2017 and Crl. M.A No. 13146/2017 (stay) Decided on December 5, 2018 Citation: 2018 SCC OnLine Del 12956

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