my wife has filed a maintenance case again under IPC 125

Question

my wife has filed a maintenance case again under IPC 125

06-Feb-2026 (In Divorce Law)

if a maintenance is already granted in divorce case , can a wife ask a maintenance again in IPC 125

Answers (5)

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Adv. Ishan Parashar Adv. Ishan Parashar

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Advocate Nikhil Karwal LawRato · Accepted Answer · 2026-02-06T11:55:41+05:30

Answer #2

If maintenance has already been granted in the divorce proceedings under any provision such as Section 24 or 25 of the Hindu Marriage Act, the wife cannot claim a second maintenance under Section 125 CrPC for the same period, as double benefit is not permissible. However, if the earlier order was temporary, inadequate, or circumstances have changed substantially, she may seek modification or additional relief before the competent court.

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Advocate Harshit R Gupta LawRato · Accepted Answer · 2026-02-06T14:36:31+05:30

Answer #3

Sir, firstly it’s 125 of CrPC and now owing to the enforcement of new criminal laws it is 144 of BNSS. Secondly, wife as a matter of right can claim maintenance by virtue of this section. Though the provision itself carries some exceptions where no order of maintenance be passed against the husband. For precise advice analysis of your facts and documents are required.

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Advocate Jia Kapur LawRato · Accepted Answer · 2026-02-06T15:55:02+05:30

Answer #4

Yes she ask for a maintenance under Section 125 crpc however, you have the right to defend the same and if your wife is working or is educated enough to secure a job then all these factors will also be considered by the court while granting the maintenance. In order to provide with better advice you will have to share the full facts of your case. Therefore, for elaborative discussion please feel free to contact.

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Advocate Bhawana Pandey LawRato · Accepted Answer · 2026-02-06T16:59:12+05:30

Answer #5

Yes wife can file for maintenance in different courts under other provisions of law and there is no bar in the court to adjudicate those cases. However once any court grants maintenance in one matter then the other court needs to be informed about the same and then that court can adjust or set off the claim of other maintenance amount. She can not claim double maintenance in law. For further query feel free to contact. Thanks

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