Can order be passed under DV act as well as sec 24

970 votes

Yes, another order can be passed for payment of maintenance, but the same has to be adjusted with the amount of maintenance you are already paying. However, the Ld. Judge at his discretion, can award any amount of money as maintenance.

Advocate Gunjan Shah LawRato

988 votes

Yes you have to pay in both the cases if order passed by respective judges why unnecessarily drag, settle it out and move to mutual divorce it will take years. Moreso, if your wife now files 125 you have to pay there too

Advocate Aveek Bose LawRato

729 votes

Please be informed that order of maintenance under the Domestic Violence Act is interim in nature and is an independent in itself. The other order which the wife may or will have obtained will also be independent in nature unless and cannot disobeyed unless it is varied or set aside by any Superior Court. As under section 36 of the DV Act, this Act is in addition to, and not in derogation of the provisions of any other law.
Aside in Prakash Babulal Dangi v. The State of Maharashtra the same situation happen where the Complainant wife filed petition u/s 125 of the CrPC and interim maintenance under the DV Act. The Court allow both, aggrieved, the husband went to SC for clearing of the confusion. The SC held that both the orders are independent in nature and have to be obeyed unless those are varied or set aside. However the SC stay but not set aside the 125 Crpc order and asked the husband to continue with the DV Act order for maintenance.
In another, B.Prakash : vs Deepa the Madras High Court held that wife cannot claim maintenance under DV Act or Crpc for the same acts.
For any other clarification needed please contact.

Advocate Pradipta Nath LawRato