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PARTH PRATEEM SAHU
Vinod Gupta S/o Ramlagan Gupta – Appellant
Versus
Nidhi Gupta D/o Late Prabhudayal Gupta – Respondent
ORDER :
1. This revision is filed challenging the order dated 6th April 2023 passed by learned Judge, Family Court Manendragarh, District-Manendragarh-Chirmiri-Bharatpur in Miscellaneous Criminal Case No. 11/2022 whereby learned Family Court has allowed the application filed under Section 125 of Cr.P.C. filed by non-applicant/wife and awarded maintenance of Rs.6,000/- per month in favour.
2. Learned counsel for the applicant would submit that application under Section 125 of Cr.P.C. was filed absolutely on false ground. He further contended that non-applicant/wife herself deserted the applicant and therefore, the applicant has filed an application under Section 13 of the Hindu Marriage Act, 1955 (for short “Hindu Marriage Act”) seeking divorce on the said ground which ultimately was allowed on 25.01.2023. The proceedings under Section 125 Cr.P.C. as also proceeding under the Protection of Women from Domestic Violence Act, 2005 (for short “Domestic Violence Act”) is filed by the non-applicant/wife only after issuance of notice in divorce proceedings which shows that intention of non-applicant/wife. He further submits that applicant is pressing this revision petition on the ground that
A wife can claim maintenance under different statutes, but she is obligated to disclose the maintenance awarded in any previously instituted proceeding while seeking maintenance in a subsequent proce....
The entitlement to maintenance under Section 125 Cr.P.C. is not barred by the grant of maintenance under Section 24 of the Hindu Marriage Act if the husband neglects to maintain the wife.
Simultaneous proceedings for maintenance under different enactments are not barred.
The findings of the Family Court in a maintenance order under Section 125 of Cr.P.C. do not have a binding effect on the Courts dealing with the DV Act, and the order under Section 125 of Cr.P.C. can....
A second marriage is void if the first is not dissolved; thus, a second wife cannot claim maintenance unless legally recognized under Section 125, Cr.P.C.
Entitlement to maintenance under Section 125 of the Code of Criminal Procedure despite existing maintenance from another proceeding.
Maintenance under the Domestic Violence Act is supplementary to that under Section 125 of the CrPC, and previous awards must be disclosed and considered in subsequent claims.
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
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