16 July 2019
General Information : HMA 13a filed by Husband on the basis of Cruelty and Desertion. One child of 5.5 years of age, living with Mother. Currently interim maintenance going for child in 'DV Act' (wife was working, so her maintenance denied). My question is regarding legality and reference citation for parallel proceedings of 'DV act relief' and 'HMA 24' ?
1. Are there any judgement available which says : parallel proceedings for 'DV act' maintenance case and HMA 24 will not be possible? 2. Legally, the court will consider their application for HMA 24, Or it can be denied citing 'DV act' maintenance ? Any other legal point which can raised against parallel proceedings of HMA 24 and 'DV act' financial relief ? Many thanks in advance.
24 December 2019
Various high courts have held that maintenance awarded under Section 125 of CrPC stands independently and in addition to the maintenance awarded under the Domestic Violence Act.
However, in January 2018, Supreme Court had admitted a special leave petition on this Issue (multiple maintenance), and has ordered the husband to pay the lowest of maintenance (i.e U/S125 wife was awarded Rs10000 per month and U/S DVC wife was awarded Rs8000-/- per month) till such the time the appeal is heard and disposed. Please note supreme court has not pronounced judgment in the said issue.
So, you should contest the DVC Case on merits and also bring to the notice of the DVC court of the award of maintenance under Section 125 Cr.P.C and pray to the court Not to grant Interim maintenance till DVC petition is heard and disposed.
In case the DVC court passes any order, please move the high court and obtain stay of proceedings till Supreme Court decides on this matter.
24 December 2019
As per the current scenario wife can ask for maintenance under both the act and husband has to follow. A SLP (https://www.livelaw.in/husband-follow-maintenance-orders-crpc-domestic-violence-act-sc-issues-notice-read-order/) is pending before supreme court for adjudication. So in case the order under 125 crpc and DV both are passed get stay on one order from the high court.