Orders under Section 125 of Cr.P.C. and Domestic Violence Act are independent and both need to be complied with. The provisions of the Domestic Violence Act are in addition to and not in derogation of the provisions of any other law, including Section 125 of Cr.P.C.

1. Rule. Rule is made returnable forthwith. Heard finally, by consent of learned counsel for both the parties.

2. These are two counter Petitions filed by the parties to the matrimonial proceedings. Writ Petition No.3239 of 2014 is filed by the wife; whereas, Writ Petition No.3791 of 2016 is filed by the husband. The only small issue, which appears to be raised by the parties, pertains to the confusion as to which order is to be followed; ‘whether the order of maintenance passed in the proceedings filed under Section 125 of Cr.P.C. is to be followed, or, whether the order passed in the proceedings filed under Domestic Violence Act, is to be followed?’

3. It is a matter of record, that the wife has filed a Petition, bearing No.E-253 of 2010, for maintenance under Section 125 of Cr.P.C. and the said Petition, though filed in the year 2010, came to be decided on 20th January 2016. While allowing the said Petition, the husband was directed to pay maintenance @ Rs. 6,000/- per month to wife and Rs. 4,000/- per month to the minor daughter; in all, Rs. 10,000/- per month, from the date of the order.

4. It is also a matter of record, that, meanwhile, the wife has also filed a Petition, under Domestic Violence Act, bearing C.C. No.9/DV/2012. In the said Petition, she has filed an application for interim maintenance to the tune of Rs. 20,000/- per month for herself and Rs. 15,000/- per month for her daughter. The said application for interim maintenance filed by wife came to be allowed partly on 26th July 2012 and husband was directed to pay an amount of Rs. 8,000/- per month to the wife and Rs. 5,000/- per month to the daughter.

5. When this order under Section 125 of Cr.P.C. was passed in Petition, bearing No.E-253 of 2010, the order of interim maintenance, passed in the application filed in the Petition, under Domestic Violence Act, bearing C.C. No.9/DV/2012, was brought to the notice of the said Court. Paragraph No.28 of the order dated 20th January 2016, passed in the Petition bearing No.E-253 of 2010, reads as follows:-

“28. It is a matter of record and admitted fact that Petitioner has filed a case under Domestic Violence Act and there was an order of maintenance of Rs. 5,000/- p.m. for herself and Rs. 3,000/- p.m. for her daughter, in all, Rs. 8,000/- p.m. The Petitioner, in her cross-examination, has admitted that the Respondent is paying this amount to her. The order was, admittedly, an interim order.”

6. Thus, after taking into consideration this order, which was passed in the proceedings filed under Domestic Violence Act, granting interim maintenance @ Rs. 8,000/- per month to the wife and her daughter, while deciding the proceedings filed under Section 125 of Cr.P.C., the Family Court, Mumbai, has awarded the maintenance @ Rs. 6,000/- per month to the wife and Rs. 4,000/- per month to the minor daughter. It is clear that, while allowing such application, the Family Court has not granted maintenance from the date of application, though the application was filed in the year 2010, but only from the date of the order i.e. 20th January 2016, having regard to the fact that, in the Domestic Violence Act, wife was getting the interim maintenance. It is true that, this order passed by the Family Court in the proceedings filed under Section 125 of Cr.P.C., does not make it clear whether this amount of Rs. 10,000/- per month was to be paid in addition to the interim maintenance awarded to the wife in the proceedings filed under the Domestic Violence Act. But, if it was so, that it was not to be paid in addition but it was substituting, then, the Family Court would have stated so, specifically. However, the Family Court has not stated that this order of maintenance passed in the proceedings filed under Section 125 of Cr.P.C. will replace the order passed in the proceedings filed under the Domestic Violence Act.

7. Now both the proceedings being independent, both the orders will stand independently and, hence, husband will have to pa