Adjustment of maintenance under sec 24 and under cr.pc 125

1. You are right.
2. Law is settled now; Civil Court maint. award takes precedence over Criminal court maint. award. Further one is always set-off on application of the defendant husband as is this brief such are the facts.
3. Change your Advocate if he is not sure of precedence least he damages your case in future.

dear sir/madam

whether the litigation cost is also adjustable or not?

Regards

SJ

1. No.
2. I have already replied to your query in other post of yours, refer to it.
3. Based on your other thread post your facts were not of " two litigation cost' nor this posts queriest facts the same!

Sir,

I just wanted to know whether the numerous litigation costs wanted in crpc 125 and section 24 HMA/36 Special marriage act or any other kinds of sections are adjustable to each other or not? This is just a basic query and not involved with my other thread post. This is just a basic query to enrich my knowledge. Nothing else.

Thanks.

SJ

I agree with Tajobs  ,File an appeal and change your advocate may be he part and parcel towards passing your maintanence towards noth the cases . The highlighted portion clearly states that multiple maintanence cannot be passed .

IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: August 25, 2010
Date of Order: 30th August, 2010
Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010
30.8.2010

Rachna Kathuria ... Petitioner
Through: Mr. P.Narula, Advocate

Versus

Ramesh Kathuria ... Respondent
Through:Mr. S.S.Saluja, Advocate

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? Yes.
2. To be referred to the reporter or not? Yes.
3. Whether judgment should be reported in Digest? Yes.

JUDGMENT

By this petition under Section 482 Cr.P.C. the petitioner has assailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the
petitioner was dismissed.

2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition.

3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed.

SHIV NARAYAN DHINGRA, J.
August 30, 2010
vn

Source link:
https://lobis.nic.in/dhc/SND/judgement/31-08-2010/SND30082010CRLMM1302010.pdf

Sir, thanks all for this information. But please if i can get some verdict clearly showing that Civil Court maint. award takes precedence over Criminal court maint. award. please help sir.....

My lawyer says that as i had submitted order of Sec 24 in Cr.PC 125 case and after that also judge has awarded 10,000/- so i need to give both.

If i can get some verdicts.. that will help my case..

Wife can get maintenance under sec. 125 crpc and DV Act simultaneously.....

SMT. MANJU VS. RAMESHWAR CHHANGANI & ANR.

"The provision of Section 20(1)(d) of the Protection of Women from Domestic Violence Act makes it clear that the monetary reliefs under this Act can be included or can be in addition to an order of maintenance under Section 125 Cr.P.C. Subsection 2 of Section 20 provides that the monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed."