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Anis (Asst. Manager - Sales)     14 April 2013

Maintenance in 2 places

The maintenance order has been passed by MM court in my DV Act case where I have been directed to pay maintenance of Rs.4,000/- per month. My wife has also filed a Sec.125 case in Family Court of Mumbai and asked for maintenance there also. The next date of hearing in Sec.125 is on 29/4/2013.

I have read that multiple maintenance is not allowed. But those orders were in cases where maintenance was passed in Sec.125 and wife had asked for additional maintenance under DV Act.

In my case the maintenance is already passed in DV Act so now will she get additional maintenance in Sec.125 or will the maintenance passed in Sec.125 get offset against the DV Act maintenance.

I am submitting citation in Family Court where the higher courts have held that multiple maintenance is not allowed.

Supreme Court of India in case of Sudeep Chaudhary vs Radha Chaudhary on 31 January, 1997

Two more judgements of Punjab & Haryana High Court where it was held that wife cannot claim double maintenance in two different courts.

So from what I feel is that if maintenance is already awarded in DV Act then no further maintenance should be awarded under Sec.125 and if it is awarded U/s.125 then it should get offset against the DV Act maintenance. I should not have to pay double maintenance.

Please advise whether I am right or wrong.

Thanks & Regards,

Anis



Learning

 5 Replies


(Guest)

Take certified copy of DV maintenance order and give it in 125crpc court.  She cannot claim maintenance in 10 different courts under ten different sections. 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 April 2013

Yes. Mr.Helping hand suggestion is right.

Manoj Kumar Jain (abc)     16 April 2013

No Multiple maintenance. Put up certified copy of DV order in coming next date of 125 crpc.

Anis (Asst. Manager - Sales)     17 April 2013

Thank you very much for your replies.

Regards,

Anis

Nitish Banka (lawyer)     21 March 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

Some important judgement on Maintenance Section 125 CrPC

Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her.”

Contact lawyer Nitish Banka -> call@ 9891549997  –>Free consultation on phone<—-

Haunsabai vs Balkrishna Krishna Badigar on 13/2/1980 

MAINTENANCE TO HUSBAND BY WIFE

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Divorce on Adultery

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125 CrPc-How to alter the maintainance

Interim Maintenance-How courts calculate

Interim Maintenance Reduced Judgments

All About Maintenance and Interim Maintainence

LAND MARK SC JUDGEMENT ON INTERIM MAINTENANCE/MAINTENANCE 125 crpc

 

 

 

Maintenance u/s125Crpc stopped to wife if she gets job

Vikas Jain . . Revisionist Versus Smt. Deepali @ Ayushi Jain

No Maintenance u/s Crpc 125 to wife if she deserts hubby without any cause and also earning

Smt. Archana Gupta & Another .Versus Sri Rajeev Gupta & Another

 

Maintenance not granted as it is proved that wife wants to reside separately.

 

Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar

 

Unemployed man can not be forced to pay Maintenance

Sanjay Bhardwaj & Ors. … Versus The State & Anr. .

 


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