Maintenance granted in family court U/S 24 and 144 BNS separately.

93 votes

Your first part explains maintenance claims well yes, a wife can file under multiple provisions (DV Act, Section 125 CrPC, HAMA), but courts ensure she doesn't get double payment for the same period. Courts either adjust or set off amounts already awarded under another proceeding.

The second part you've written is a legal provision on trafficking for sexual exploitation. It resembles wording from Section 370A of the Indian Penal Code (IPC), which punishes those who knowingly engage trafficked persons for sexual exploitation. The penalty is indeed rigorous imprisonment for 3-7 years and a fine.

LawRato LawRato

763 votes

Yes, you can seek maintenance under both the provisions of law. However, the same depends on your income, standard of living etc. Feel free to contact me for seeking any legal advice/assistance as regards the same.

Advocate Prerna Shukla LawRato

981 votes

No, a wife cannot claim interim maintenance for the same period from two different courts in two different proceedings going on under the same acts or laws. However, she can claim maintenance under different enactments simultaneously.

Advocate Pankaj Bajaj LawRato

617 votes

1. Section 24 of the Hindu Marriage Act, 1955: Section 24 specifically allows either spouse to claim interim maintenance and litigation expenses during the pendency of matrimonial proceedings like divorce, judicial separation, or annulment. If the court finds that the applicant (you, in this case) has insufficient income to support themselves, and the other spouse has sufficient means, the court may grant interim maintenance under this provision. 2. Section 144 CPC or Bombay High Court Rules (BNS): Section 144 CPC allows for restitution of benefits received due to a decree that has been reversed or varied. If you are referring to Section 144 under BNS Rules, it may relate to provisions allowing interim maintenance during family disputes in specific jurisdictions. It is unusual to file an interim maintenance claim under Section 144 CPC unless the context involves reversing or modifying a decree and seeking compensation for the same. 3. Can You Get Interim Maintenance Under Both Sections? No, you cannot get interim maintenance separately under both sections. Courts do not allow duplicate or overlapping claims for maintenance for the same period. The court will grant maintenance under the most appropriate section based on the facts and circumstances of your case. Since Section 24 HMA is a specific provision dealing with interim maintenance in matrimonial disputes, it is the more likely section under which the court will decide your claim. 4. Key Points to Consider: Single Claim Principle: You cannot claim maintenance twice for the same period under different laws. If maintenance has already been granted under Section 24 HMA, the application under Section 144 is unlikely to succeed. Avoid Duplication: Courts discourage multiple claims for maintenance as it could lead to overlapping benefits, which is against the principles of justice. Withdraw One Application: You may consider withdrawing the less relevant application (likely Section 144) to streamline the proceedings and focus on Section 24 HMA. 5. Advice for Your Case: Focus on the application under Section 24 HMA as it is directly related to matrimonial disputes and interim maintenance. If the application is still pending, provide necessary financial proof to strengthen your claim. Discuss with your current lawyer whether the application under Section 144 is valid or should be withdrawn to avoid complications or rejection by the court

Advocate Kiran Ashok Gangurde LawRato

575 votes

you cannot receive interim maintenance under both Section 24 of the Family Courts Act, 1984, and Section 144 of the BNS Act (if applicable) simultaneously for the same period. Courts typically prevent double recovery for the same purpose to avoid unjust enrichment.

Advocate Jairam Chandnani LawRato