125crpc and hindu adoption and maintenace act

Advocate Abhijeet singh (Querist) 30 October 2021 This query is : Resolved
good evening sir,
my query is that :
can a wife ( woman) file maintenance from his husband in under section 125 crpc and also filed case in Hindu adoption and maintenance act same time , simultaneously .

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Quick Summary

A wife can indeed file for maintenance under both Section 125 of the Criminal Procedure Code (CrPC) and the Hindu Adoption and Maintenance Act at the same time. While this might seem like overlapping cases, the Supreme Court, in the Rajnesh v Neha judgment, has provided guidelines to manage such situations. These guidelines require parties to disclose any other pending maintenance cases, and courts will consider each case independently while passing separate orders.

K Rajasekharan (Expert) 30 October 2021
It is possible.

But in to avoid this issue overlapping cases in regard to maintenance, the Supreme Court, in Rajnesh v Neha has come up with some guidelines.

The guidelines require that the party filing the case or written statement will have to file a statement in a prescribed format in regard to other maintenance cases.

In order to get an overview of this matter and to get the link to the judgement I have mentioned you may refer to my article at https://lawwatch.in/maintenance-for-wife-children-parents-u-s-125-crpc/

P. Venu (Expert) 31 October 2021
You have not posted the complete facts.

Dr J C Vashista (Expert) 01 November 2021
Both these case(s) as well as case u/s 18 of Protection of Women from Domestic Violence Act, 2005 can also be filed but the court has to consider each and every case inter-dependent.

Advocate Bhartesh goyal (Expert) 01 November 2021
Yes, wife can file petition under provisions of both Cr.P.C and Hindu Adoption and Maintenance Act simultaneously. Court will pass order separately following the guidelines of S.C I'm case judgment Rajesh vs Neha.

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