LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Deekshit Kumar (private)     15 December 2021

Multiple maintenance petitions by wife


Maintenance Decree granted by Civil Court under Section 151 CPC long back for which an Execution Petition has been pending till date

In the above scenario, can the wife file multiple petitions for maintenance such as under Section 125 CrPC and simultaneously under DV Act as well.

Please Clarify.

Thanks in advance.



 3 Replies

P. Venu (Advocate)     16 December 2021

How is that there is a maintainance decree by the Civil Court?

Dipro Hajra   16 December 2021

Yes, firstly when the pending execution petition will be the granted , the respondent has to give both interim and final maintainance under section 125 Crpc. The wife can file petition under 125 crpc. It is sufficient.


Kawmini Liyanage   17 December 2021


An application under Section 151 of Civil Procedure Code, along with Section 24 of the Hindu Marriage Act to grants pendente lite alimony. Alimony is financial support that a person is ordered by a court to give to their spouse during the course of separation or divorce;

Section 125 of Criminal Procedure Code 

125. Order for maintenance of wives, children and parents.

1. If any person having sufficient means neglects or refuses to maintain-

a. his wife, unable to maintain herself, or

b. his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

c. his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

d.his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance until she attains her majority if the Magistrate is satisfied that the husband of such minor female child if married, is not possessed of sufficient means.

Explanation.- For the purposes of this Chapter,-

 " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

In addition to these actions maintenance awarded under the Domestic Violence Act can be maintained separately and parallel one to another as they arise under different causes of action. which has been the stance of the judiciary regarding multiple maintenance cases. 

The available relief for you in such instance is, you could contest the maintenance case filed under Domestic Violence Law on merits and bring to the notice of the award of maintenance that has been applied under Section 125 Criminal Procedure Code and plead to Not to grant Interim maintenance till Domestic Violation petition is heard and disposed of. In the event where the decision was granted in favour of the other party; move to High Court by way of Appeal and pray for a stay order until the Supreme Court decision is granted regarding a similar matter that is being currently examined.


Kawmini Liyanage









1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register