Allowance of Maintenance in divorce case if already paying under 125

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Yes, you can apply for maintenance in a divorce case in India even if you have already been granted and are receiving maintenance under Section 125 of the Criminal Procedure Code (CrPC). Here's how it works: Maintenance granted under Section 125 CrPC is a provision for immediate relief and is independent of the provisions under matrimonial laws. Therefore, while receiving maintenance under Section 125 CrPC, you can also claim maintenance under the relevant matrimonial laws, such as the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on your case. The court dealing with the divorce case can decide on the maintenance amount based on the specific circumstances and the financial status of both parties. However, it's important to note that the maintenance amount awarded under matrimonial laws may take into consideration the maintenance already granted under Section 125 CrPC. The idea is to ensure that the spouse receives a fair amount and to avoid any undue advantage or duplication of maintenance. Consulting a lawyer who specializes in family law can provide you with specific guidance based on your case.

Advocate Bindu Kamlesh Dubey LawRato