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Ch 12. Judgments about maintenance amount when multiple cases

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Ch 12. Judgments about maintenance amount when multiple cases

Maintenance amount in CrPC 125 along with HMA 24

Rs 7000 given in HMA 24 when already Rs 2000 in CrPC 125, husband income 45000, ailing mother

Use this judgment when several facts in your case are similar to following\

  1. If there is possibility of you being asked to pay maintenance both under HMA 24 and CrPC 125, either now or in future because you already have or intend to file RCR, divorce etc under HMA

  2. You want to get an idea of how much maintenance amount in total you may be asked to pay

Kaushik Das vs Soumita Das - Kolkata HC 2014

Important parts of judgment\

The petitioner claims that since the husband is being paid Rs.2000/- per month under orders passed in proceedings under Section 125 of the Criminal Procedure Code, the direction by the trial court on the wife's application under Section 24 of the Hindu Marriage Act, 1955 to pay Rs.7000/- as alimony pendente lite should include the amount of Rs.2000/- already being paid.

It is evident from the order impugned dated September 1, 2014 that the trial court was alive to the fact that a sum of Rs.2000/- was being paid by the petitioner pursuant to the orders passed in the criminal proceedings. After noticing such fact, a sum of Rs.7000/- has been directed to be paid. The petitioning respondent has made over the salary slip for the month of March, 2014 from which it appears that he has a monthly income of Rs.45,000/- after deducing the amount on account of income tax and professional tax. In the circumstances, a monthly payment of Rs.9000/- to the wife cannot be regarded as exorbitant even if the petitioner's case of his ailing mother is also to be believed.

CO No. 3203 of 2014 is disposed of with the observation that the petitioner will pay his wife Rs.7000/- per month as alimony pendente lite in addition to the sum of Rs.2000/- being paid in the criminal proceedings.

Amount awarded under CrPC 125 adjustable against the amount awarded in the matrimonial cases (HMA 24)

Use this judgment when several facts in your case are similar to following\

  1. Wife has been awarded maintenance under both CrPC 125 and HMA 24

  2. You want to reduce the total maintenance outgo, and want to use technical points of law or possible loopholes

Note: the judgment is not very detailed in the reasons given, and it is possible it may get challenged on points of law.

Along with giving favourable order to husband, the supreme court has done a balancing act by increasing total maintenance to 1000 (from 800 in HMA) and arrears to be paid too by husband. So one should be careful in approaching courts on fine technical points of law.

Sudeep Chaudhary vs Radha Chaudhary - SC 1997

Important parts of judgment\

6.We are of the view that the High Court was in error. The amount awarded under Section 125 of the Cr.P.C. for maintenance was adjustable against the amount awarded in the matrimonial proceedings and was not to be given over and above the same. In the absence of the wife, we are, however not inclined to go into any detailed discussion of the law.

7. At the same time, we feel that the claims of the husband and the wife are to be balanced. We, therefore, direct that the husband shall pay to the wife towards maintenance (which now comprehends both the amount awarded under Section 125 of the Cr.P.C. and the amount awarded in the matrimonial proceedings) the sum of Rs. 1,000/- p.m. commencing from 3rd July, 1990. The arrears, if any, shall be paid within 8 weeks.

Stay on CrPC 125 application when civil case on same matter pending

Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending

Use this judgment when several facts in your case are similar to following\

  1. There is a civil case involving maintenance pending on same matter, say under family court

  2. The pleadings in both cases are very similar

  3. Same parties, same evidence in both cases, and similar relief asked for

Ravindra Haribhau Karmarkar vs Mrs. Shaila Ravindra Karmarkar- Mumbai HC 1991

Important parts of judgment\

16. Considering the facts and circumstances and the submissions made by the learned counsel for the parties, the relief in both the cases, being one and the same, and the Civil Court being seized with the matter, in the interest of justice, the proceeding pending in the court of J.M.F.C. Buldana, be stayed till the decision of the Reg. C.S. No. 277/86.

17. 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.

Fresh application under DV Act dismissed when CrPC 125 maintenance already awarded

Multiple maintenance under DV Act denied when CrPC 125 already decided

Use this judgment when several facts in your case are similar to following\

  1. Wife had filed a CrPC 125 case earlier and got maintenance order under that

  2. Wife filed another application under DV Act and asks for maintenance under that too

  3. Secondary importance: One reason for asking maintenance in DV case is that previous maintenance award in earlier case is not enough

Rachna Kathuria vs Ramesh Kathuria - Delhi HC 2010

Important parts of judgment\

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. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. 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. This petition is not maintainable and is hereby dismissed.

DV Act Maintenance application dismissed when CrPC 125 maintenance already awarded

Maintenance application under DV Act dismissed when CrPC 125 maintenance already awarded

Use this judgment when several facts in your case are similar to following\

  1. Wife already has got maintenance order under CrPC 125

  2. She files a fresh case under DV Act and asks for maintenance in that too

Multiple maintenance under DV Act denied when CrPC 125 already decided - Delhi HC 2010

Important parts of judgment\

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. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. 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. This petition is not maintainable and is hereby dismissed.

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