Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Filing of DV Act and Maintenance under Section 125 Cr.P.C. - Maintenance can be granted under both the Domestic Violence (DV) Act and Section 125 Cr.P.C., and provisions of the DV Act are supplementary, meaning maintenance awarded under the DV Act is in addition to that under Section 125 Cr.P.C. Sources: Bulbul Khatoon VS State of Bihar - Patna, Bhupendra Singh Rajawat VS Ranjeeta Rajawat - Madhya Pradesh, Jitendra Banwakde S/o- Late Jitendra Banwakade VS Savita Banwakade W/o- Jitendra Banwakade - Chhattisgarh, Muhammed Shaji, S/o. Hydrose Kunju VS State Of Kerala - Kerala, Anurag Pandey vs State Of U.P. Thru. Addl. Prin. Secy. Home Lko. - Allahabad
Legal Validity of Multiple Maintenance Claims - A person can file separate maintenance claims under different laws (e.g., DV Act, Cr.P.C., Hindu Marriage Act), and courts have held that these claims are independent and can be simultaneously maintained, provided they pertain to different legal provisions or circumstances. Sources: Bhupendra Singh Rajawat VS Ranjeeta Rajawat - Madhya Pradesh (2023), Bulbul Khatoon VS State of Bihar - Patna, Muhammed Shaji, S/o. Hydrose Kunju VS State Of Kerala - Kerala, Anurag Pandey vs State Of U.P. Thru. Addl. Prin. Secy. Home Lko. - Allahabad
Order for Maintenance During Proceedings - Even if a maintenance petition under Section 125 Cr.P.C. is dismissed, the aggrieved person can seek maintenance under the DV Act or other applicable laws. The courts have clarified that maintenance under the DV Act is additional and does not bar claims under Section 125 Cr.P.C. Sources: Bulbul Khatoon VS State of Bihar - Patna, Bhupendra Singh Rajawat VS Ranjeeta Rajawat - Madhya Pradesh, Muhammed Shaji, S/o. Hydrose Kunju VS State Of Kerala - Kerala
Special Cases and Limitations - Certain categories, such as daughter-in-law claiming maintenance under Section 125 Cr.P.C., may need to claim under specific laws like the Hindu Adoption and Maintenance Act, and the jurisdiction of Family Courts is crucial for considering these claims. Also, during pendency of applications, if the claimant becomes major, maintenance can still be granted under applicable laws like the Hindu Adoption & Maintenance Act. Sources: Kalyan Sah, S/o Late Manohar Sah VS Mosmat Rashmi Priya, W/o-Late Gaurang Kumar - 2023 Supreme(Pat) 517 - 2023 0 Supreme(Pat) 517, MAHESHBHAI VAMANBHAI BAVISKAR VS ASHABEN MAHESHBHAI BAVISKAR - Gujarat, Anurag Pandey vs State Of U.P. Thru. Addl. Prin. Secy. Home Lko. - Allahabad
Impact of Filing DV Act on Existing Maintenance Claims - Filing a Domestic Violence case does not preclude or replace maintenance claims under Section 125 Cr.P.C., and courts have consistently held that maintenance under the DV Act is in addition to, not in lieu of, other maintenance orders. Sources: Bhupendra Singh Rajawat VS Ranjeeta Rajawat - Madhya Pradesh (2023), Bulbul Khatoon VS State of Bihar - Patna, Muhammed Shaji, S/o. Hydrose Kunju VS State Of Kerala - Kerala
A person who has filed a Domestic Violence (DV) Act case can also pursue maintenance under Section 125 Cr.P.C. concurrently. The law explicitly states that maintenance granted under the DV Act is supplementary and in addition to orders under Section 125 Cr.P.C. or other laws. Courts recognize the independence of these provisions, allowing multiple claims for maintenance based on different grounds or laws. Therefore, filing a DV case does not bar or negate the right to seek maintenance under Section 125 Cr.P.C., and both claims can be pursued simultaneously to ensure adequate support for the aggrieved person.
In the realm of Indian family law, maintenance is a crucial right for wives, children, and dependents facing financial hardship due to domestic discord. A common question arises: If someone filed a DV Act case, can they also claim maintenance under Section 125 CrPC? The short answer is yes—generally, these remedies can be pursued concurrently. However, nuances exist, and courts ensure fairness by adjusting amounts to avoid excess. This post delves into the legal framework, court interpretations, and practical tips, drawing from key provisions and judgments. Note: This is general information, not legal advice. Consult a qualified lawyer for your specific situation.
The Protection of Women from Domestic Violence Act, 2005 (DV Act) and Section 125 of the Code of Criminal Procedure, 1973 (CrPC) both aim to provide financial relief to aggrieved persons, but they operate independently yet supplementarily. Section 125 CrPC allows a wife, children, or parents to seek maintenance from those legally bound to support them. The DV Act, on the other hand, addresses broader domestic violence issues, including economic abuse, and empowers magistrates to grant monetary relief under Section 20. Vishal S/o. Rajesaheb Gore VS Sow. Aparna W/o Vishal Gore - Bombay (2018)
Crucially, Section 20(1)(d) of the DV Act explicitly states that maintenance granted under this Act is in addition to any order of maintenance under Section 125 CrPC or any other law in force. This provision underscores that filing under one does not bar the other. Suman Mandal VS Rajesh Kumar Mandal - Patna (2020)
The DV Act's maintenance provisions are designed to be supplementary, not exclusive. Courts have repeatedly affirmed that proceedings under the DV Act and Section 125 CrPC are independent. For instance, A conjoint reading of the aforesaid Sections 20, 26 and 36 of DV Act would clearly establish that the provisions of DV Act dealing with maintenance are supplementary to the provisions of other laws and therefore maintenance can be granted to the aggrieved person(s) under the DV Act which would also be in addition to... Rani VS Dinesh - 2020 Supreme(Del) 1518 - 2020 0 Supreme(Del) 1518Rani VS Dinesh - Current Civil Cases
Claims under these laws do not preclude each other. Even if interim maintenance is awarded under Section 125, a full claim under the DV Act remains viable. Conversely, a DV Act filing doesn't halt Section 125 applications. Lalit Solanki VS State of M. P. - 2017 0 Supreme(MP) 811Ratan Singh Rawat (D) through LR VS Kamal Singh Rawat - 2017 0 Supreme(MP) 825
While both can be claimed, courts adjust amounts for equity. Any maintenance from the DV Act is factored into Section 125 calculations to ensure the total is reasonable and not duplicative. Vishal VS Sow. Aparna - Bombay (2018)Vishal S/o. Rajesaheb Gore VS Sow. Aparna W/o Vishal Gore - Bombay (2018)
Indian courts have consistently upheld the coexistence of these remedies:
In R.D. vs. B.D., the Delhi High Court ruled that maintenance under the DV Act can be granted even after interim maintenance under Section 125 CrPC, emphasizing the supplementary nature. Suman Mandal VS Rajesh Kumar Mandal - Patna (2020)Sunil Sharma VS Gunjan Kumari @ Sitara Begam - Allahabad (2021)
The right to claim maintenance under the DV Act and those u/s 125 Cr.P.C. are not mutually exclusive, i.e., the aggrieved person can seek interim maintenance before the learned Magistrate while also seeking a permanent maintenance under Section 125 Cr.P.C. Sh. Jagmohan Kashyap VS Govt. of NCT of Delhi - 2022 Supreme(Del) 426 - 2022 0 Supreme(Del) 426
Even if a Section 125 petition is dismissed, DV Act claims persist independently. S. R. Ashwini, W/O. G Harish VS G. Harish, S/O. Guddalli Giddappa - 2024 Supreme(Kar) 107 - 2024 0 Supreme(Kar) 107
These rulings clarify that multiple claims under different laws (e.g., DV Act, CrPC, Hindu Marriage Act Section 24) are permissible, provided disclosures are made. Bhupendra Singh Rajawat VS Ranjeeta Rajawat - Madhya Pradesh (2023)Bulbul Khatoon VS State of Bihar - Patna
Aggrieved persons may file under both acts at once. Inform the court of existing orders for a holistic view of needs. Vishal S/o. Rajesaheb Gore VS Sow. Aparna W/o Vishal Gore - Bombay (2018)Ratan Singh Rawat (D) through LR VS Kamal Singh Rawat - 2017 0 Supreme(MP) 825
Disclosure is Key: Always reveal prior maintenance to avoid over-award. Vishal VS Sow. Aparna - Bombay (2018)Bhupendra Singh Rajawat VS Ranjeeta Rajawat - Madhya Pradesh (2023)
Service and Timelines: Service via email/WhatsApp may be valid, and courts often grant time for objections in interim applications. R. Smitha Subramanyachar W/o Sri. Manjunath S. K VS Manjunath S K S/o Sri. S. R. Krishnamurthy - 2024 Supreme(Kar) 39 - 2024 0 Supreme(Kar) 39
Certain scenarios require nuance:
Daughter-in-Law Claims: Cannot claim under Section 125 CrPC but may under Section 19 of the Hindu Adoption and Maintenance Act. Kalyan Sah, S/o Late Manohar Sah VS Mosmat Rashmi Priya, W/o-Late Gaurang Kumar - 2023 0 Supreme(Pat) 517
Children and Education: Children can claim under DV Act in addition to Section 125, especially if denied education. Naimullah Sheikh VS State Of U. P. - 2024 Supreme(All) 45 - 2024 0 Supreme(All) 45
Post-Dismissal Options: A dismissed Section 125 petition doesn't bar DV Act relief. Bulbul Khatoon VS State of Bihar - PatnaBhupendra Singh Rajawat VS Ranjeeta Rajawat - Madhya Pradesh (2023)
Filing a DV Act doesn't negate Section 125 rights; it's supplementary. Bhupendra Singh Rajawat VS Ranjeeta Rajawat - Madhya Pradesh (2023)Muhammed Shaji, S/o. Hydrose Kunju VS State Of Kerala - Kerala
Beyond DV Act and CrPC, claims under Hindu Marriage Act Section 24 coexist. On the converse, if any order is passed by the Family Court under Section 24 of HMA, the same would not debar the Court in the proceedings arising out of DV Act or proceedings under Section 125 of Cr.P.C. Rani VS Dinesh - 2020 Supreme(Del) 1518 - 2020 0 Supreme(Del) 1518
Family courts play a pivotal role, considering all claims for fair outcomes. Thorough documentation strengthens cases. Anurag Pandey vs State Of U.P. Thru. Addl. Prin. Secy. Home Lko. - Allahabad
Yes, someone who has filed a DV Act case can also pursue maintenance under Section 125 CrPC. The law supports concurrent, supplementary claims to ensure adequate support without excess. Courts prioritize fairness through adjustments and disclosures.
Key Takeaways:- File under both for comprehensive relief, but disclose existing orders.- DV Act Section 20 is explicitly additional to Section 125. Vishal S/o. Rajesaheb Gore VS Sow. Aparna W/o Vishal Gore - Bombay (2018)- Seek legal counsel to navigate proceedings effectively.- Maintain records of all financial claims and orders.
References: Vishal S/o. Rajesaheb Gore VS Sow. Aparna W/o Vishal Gore - Bombay (2018)Suman Mandal VS Rajesh Kumar Mandal - Patna (2020)Sunil Sharma VS Gunjan Kumari @ Sitara Begam - Allahabad (2021)Vishal VS Sow. Aparna - Bombay (2018)Ratan Singh Rawat (D) through LR VS Kamal Singh Rawat - 2017 0 Supreme(MP) 825Arif Khan VS Ruby Khan And Another - Madhya Pradesh (2020)Lalit Solanki VS State of M. P. - 2017 0 Supreme(MP) 811Kalyan Sah, S/o Late Manohar Sah VS Mosmat Rashmi Priya, W/o-Late Gaurang Kumar - 2023 0 Supreme(Pat) 517Sh. Jagmohan Kashyap VS Govt. of NCT of Delhi - 2022 Supreme(Del) 426 - 2022 0 Supreme(Del) 426Rani VS Dinesh - 2020 Supreme(Del) 1518 - 2020 0 Supreme(Del) 1518Bhupendra Singh Rajawat VS Ranjeeta Rajawat - Madhya Pradesh (2023)Bulbul Khatoon VS State of Bihar - Patna
For personalized guidance, contact a family law expert. Stay informed, stay protected.
#DVActMaintenance, #Section125CrPC, #IndianFamilyLaw
In her examination-in-chief, she has reiterated her statements as made in her maintenance petition filed under Section 125 Cr.PC. ... The petitioners have filed Maintenance Case No. 295 of 2017 on 30.10.2017 before the Family Court, Purnia under Section 125 Cr.PC against O.P. No. 2 herein/Md. ... If during the pendency of a petition filed under Section 125#HL_....
It is also undisputed that the application filed by the respondent under Section 125 of Cr.P.C. for maintenance was dismissed by the learned II Additional Principal Judge, Family Court, Indore vide order dated 19.07.2018. 3. ... Since the respondent did not wish to live with the petitioner No. 1/husband anymore, her application filed under Section 125 of Cr.P.C. for maintenance....
Learned counsel for the applicant/husband would submit that the learned trial Court has failed to see that the non-applicant/wife has also filed an application under Section 125 of the Cr.P.C. and has claimed maintenance from the applicant and the same has been suppressed by the non-applicants before ... A conjoint reading of the aforesaid Sections 20, 26 and 36 of DV Act would clearly establish that the ....
Section 125 of Cr.P.C. deals with an order for maintenance of wife, children and parents. The daughter-in-law cannot claim maintenance under Section 125 Cr.P.C. but she can claim the same under Section 19 of the Hindu Adoption and Maintenance Act. ... The provision of Section 125 Cr.P.C. in petition under Section 19 of the Hindu Adoption and Maintenance#HL_END....
Service through E-mail/What's App, shall also be valid service in the eye of law. b. The concerned Court shall grant two months to the husband to file his objections to the application filed by the wife seeking interim maintenance under section 24 of the Act. ... The Family Court vide order dated 24.07.2020 has passed an order on I.A.No.II filed under Section 125(2) of Family Court #HL_S....
The maintenance amount in such suit, before the family court, in the ultimate analysis, would be followed by a ‘decree’, so a suit filed under the HAM Act would end in decree of the court. ... The Maintenance Act is an act to amend and codify the law relating to adoptions and maintenance among Hindus. ... Section 125 of CrPC and Section 20 of HAM #HL_S....
been mistreating, physically assaulting them and have also stopped them from pursuing their education; (ii) The applicants filed an application for grant of interim maintenance. ... This part of the provision of law says that not only the aggrieved persons but also her children, if any, may claim maintenance ‘under’ and ‘in addition’ to order of maintenance under section 125#H....
It is also not disputed that the petitioner is legally wedded wife of the respondent. It is alleged that the relationship between the petitioner and respondent was strained. Therefore she filed petition under section 125 of Cr.P.C. for maintenance and that is dismissed. ... Therefore the petition filed under section 125 of Cr.P.C. are to be dealt with independently whether the wife is en....
The High Court held that minor children were not entitled for maintenance under Section 125, Cr.P.C. A special leave to appeal was filed questioning the judgment. ... A Muslim wife with her two daughters and a son filed an application claiming maintenance under Section 125 Cr.P.C. The trial court allowed the maintenance to the wife and children from her husband. ... to ....
The respondent no. 2 had filed an application under Section 125 CrPC claiming maintenance from the revisionist. ... Learned trial court after considering it and the provisions of Section 20 (3) of Hindu Adoptions and Maintenance Act, 1956 (here-in-after referred as Act of 1956) allowed the application filed under Section 125 CrPC in terms of Section 20....
The right to claim maintenance under the DV Act and those u/s 125 Cr.P.C. are not mutually exclusive, i.e., the aggrieved person can seek interim maintenance before the learned Magistrate while also seeking a permanent maintenance under Section 125 Cr.P.C. Rather, she continued to pursue her right to maintenance before the learned Family Court under Section 125 of the Cr.P.C. The only caveat is that maintenance granted by one court will be factored in by the other court befor....
On the converse, if any order is passed by the Family Court under Section 24 of HMA, the same would not debar the Court in the proceedings arising out of DV Act or proceedings under Section 125 of Cr.P.C. instituted by the wife/aggrieved person claiming maintenance. A conjoint reading of the aforesaid Sections 20, 26 and 36 of DV Act would clearly establish that the provisions of DV Act dealing with maintenance are supplementary to the provisions of other laws and therefore maintenan....
On the converse, if any order is passed by the Family Court under Section 24 of HMA, the same would not debar the Court in the proceedings arising out of DV Act or proceedings under Section 125 of Cr.P.C. instituted by the wife/aggrieved person claiming maintenance. A conjoint reading of the aforesaid Sections 20, 26 and 36 of DV Act would clearly establish that the provisions of DV Act dealing with maintenance are supplementary to the provisions of other laws and therefore maintenan....
On the converse, if any order is passed by the Family Court under Section 24 of HMA, the same would not debar the Court in the proceedings arising out of DV Act or proceedings under Section 125 of Cr.P.C. instituted by the wife/aggrieved person claiming maintenance. A conjoint reading of the aforesaid Sections 20, 26 and 36 of DV Act would clearly establish that the provisions of DV Act dealing with maintenance are supplementary to the provisions of other laws and therefore maintenan....
In Meghalaya, the youngest daughter is the custodian of the property, and takes important decisions relating to family property in consultation with her maternal uncle. A conjoint reading of the aforesaid Sections 20, 26 and 36 of DV Act would clearly establish that the provisions of DV Act dealing with maintenance are supplementary to the provisions of other laws and therefore maintenance can be granted to the aggrieved person (s) under the DV Act which would also be in addition to ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
