Can women ask for multiple maintenance? Is it against law, is we have any judgment/supporting documents , or any guidelines of law ministry regarding this. Can she demand for maintenance in Domestic violence act or file a parallel petition for demanding the same in crpc 125 on the same ground.
I have the same question too. I mean can a woman go for 24b as well as 125?. At the same time filing a case of Domestic violence and Dowry, after 18 years of marriage and 1.5 years of seperaton?
Especially in the casde where the husband has filed case of Divorce against his wife who is doing a Government job, 1.5 years back.
A help here will be highly appreciated.
(Advocate/Legal Consultant (firstname.lastname@example.org))
25 February 2012
I am not surprised this query affects a large number of husbands across the country. Well the law as it stands does not prohibit a woman from seeking maintenance under various provisions and before different forums. However the amount awarded under each enactment has to be taken into account. For eg : if a wife is getting 2k pm as maintenance in 125 case and then she also succeds in getting same amount in S.24 HMA. then the husband is always free to approach the earlier court in 125 for a variation/alteration of the order in light of the other order. The court can even cancel the maintenance order u/s 127 of the CrpC.
Dear Deep ,
She cant claim mutiple maintanence there are a lot of judgments to this effect . As regards to claiming maintanence through domestic violence it is ruled on the same grounds of crpc 125. If she is not happy with the previous order she can approch for alteration/enhancement of her maintanence amount .
Dear Amardeep ,
If the wife is a government employee various factors would count , your salary package would be taken into consideration ,. Are the means she is earning sufficient for her & the children , the no of children and if they are below the age of 18 .,custody of the children etc
Thanks a lot Bharat for your guidance. She is having a Government job so I don't think she is entitled for any compensation if I am not wrong. Check me here please.
But if there is a child of 19 years. Can she ask for compensation under both the sections for her?
The case is:
We were fighting a divorce case lodged by me on 4/11/2010 for which she replied on 4/8/2011. I left the rented home where we both stayed having our girl child, who is currently 18 years and 2 months. On 4/12/2012 she filed 498 (Dowry) case and 506 (Domestic Violence), 125 (Compensation) and also have demanded compensation under 24b in family court.
She earns less and we have only one child who is in 12th Std. crossed 18 years. But as such my salary is not much too. My friend lawyer told me that I have to give 20-30% of my salary, as what judgement would come out.
Deep and Amardeep visit www.498a.org and mynation.net you would get what you are looking for !!
a.Pb. & Har High court:-In Sudershan Lal V/s Smt. Deepak @ Reema Khurana, 1985 Cr. L.J. (NOC) 52 and Paramjit Kaur V/s Surinder Singh, 1992(2) Criminal Court Judgments 171– it was held that the wife can claim only one maintenance. Though there are different forums open to her to claim maintenance, yet there cannot be parallel running of different maintenance orders, for one and the same. Only one of them is enforceable and others remain just decelerate in dormancy or consumed. It is for the wife to choose as to which of the two orders she wants to enforce.
b.Bombay High Court: 998(2) Civil Court Cases 429 (Bombay) Sangeeta Piyush Raj Vs Piyush :-Hindu Adoption and Maintenance Act, 1956, Section 18 Hindu Marriage Act, 1955, Section 24 - Pendency of matrimonial proceedings before Family Court - Interim maintenance - It is not necessary that application has to be made under S.24 of the Hindu Marriage Act in the same Court - In such situation, application under Section 18 of Hindu Adoptions and Maintenance Act is maintainable- However, once interim maintenance is granted either under S.24 of the Hindu Marriage Act or under S.18 of Hindu Adoptions and Maintenance Act, application under the other Act is not maintainable.
c.Bombay High Court:-Ravindra Haribhau Karmarkar vs Mrs. Shaila Ravindra Karmarkar ... on 17 July, 1991 , Equivalent citations: 1992 CriLJ 1845Bench: B Wahane.-The non-applicants could not be allowed to ride two horses at a time (two simultaneous proceedings in two different Coruts) and could not be permitted to continue the maintenance proceedings u/s. 125 of Cr.P.C. when they had already chosen the alternative remedy in Reg. C.S. No. 227/86. It is well settled law that the judgment of Civil Court shall prevail over the judgment of Criminal Court. The natural justice demands that parallel proceedings cannot be allowed to continue in different Courts.
d.Delhi High court:- Rachna Kathuria ... VersusRamesh Kathuria on 30.8.2010, in Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010, JUSTICE SHIV NARAYAN DHINGRA:- 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…………
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.
e.Gujarat High Court: HEMLATABEN MAHESHBHAI CHAUHAN Versus STATE OF GUJARAT & 1 :, on 21/10/2010 in Special criminal application No. 2080 of 2010JUSTICE AKIL KURESHI: Wife had prayed for interim maintenance before the learned Magistrate in proceedings arising out of the Protection of Women from Domestic Violence Act. Such prayer was granted. Husband challenged the said order dated 19.12.2009. Learned Additional Sessions Judge allowed the said appeal and set aside the order of the learned Magistrate.
When initial order under Section 125 of the Cr.P.C. was already passed by the competent court which has also attended finality by way of interim arrangement, unless and until strong reasons, learned Magistrate could not have granted maintenance to the wife, In the event of change in the circumstances, it is always open to the wife to seek modification of the maintenance order under Section 127 of the Cr.P.C.. Learned Additional Sessions Judge has, therefore, committed no error in passing the impugned order.
f.Punjab-Haryana High Court:- Gian Chand vs Dilpreet Kaur on 23 February, 2010, In Civil Revision No. 2427 of 2009, JUSTICE S. D. ANAND: There can be no dispute with the proposition that a wife can avail of maintenance in the course of the proceedings under Section 125 Cr.P.C. or it can have the cake in terms of Section 24 of the Hindu Marriage Act.
here the forum is wrong and she can claim damages and alimony by pressing different charges pertaining to alimony simultaneously ,but let me tell you this case will be treated on merit .however you should instigate her to press charges on all grounds as if prooved false her alimony would also be treated in a way you might want the child custody.but it is most likely that alimony would be more than 20-25 percent in this caseif your wife has a girl child.for this you will need to retrieve bank account statements of your wife if you want ,please refer and we extend our help to provide you original bank statements within 5 days after the bank account number u have told to us .it is somewhat backdoor but initiates clarity in proceedings .our trust is mutual and is kept confidential.