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,