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SC to decide whether the husband is required to pay maintenance under both section 125 Crpc. and DV Act

January 12, 2018

A Supreme court bench comprising of Justice S A Bobde and Justice L Nageswara Rao has issued a notice in a case involving an issue 'whether the husband is liable to pay maintenance allowance to his wife so awarded in the proceedings of both Domestic Violence Act and section 125 Criminal Procedure Code, 1973'. 

A special leave petition was filed in the apex court by the husband against the Bombay High court’s order which held that the husband is liable to pay maintenance to his wife under both the Acts. 

In this case, the wife had earlier filed a petition seeking maintenance under section 125 Crpc, in which the husband was ordered to pay an amount of Rs.10,000 every month to the wife and daughter.

Further, the husband was directed to pay a sum of Rs. 8000 per month to the wife and Rs. 5000 per month to the daughter in the proceedings conducted under Domestic Violence Act.

Aggrieved by the said orders the husband had filed a plea in the Bombay High court, on the ground that he is not liable to pay maintenance allowance separately under both the proceedings. However, dismissing his plea the high court held that both the proceedings conducted were independent of each other and so were the orders passed under these proceedings. Hence, the husband was liable to pay not only the maintenance awarded under the domestic violence Act which was interim in nature but also the maintenance under section 125 Crpc. 

The high court further observed that “There remains absolutely no scope for confusion between the parties as to which order is to be obeyed. As both, the orders are passed by two different Forums in two different proceedings, both the orders are binding on the parties unless they are varied or set aside.”.

Hence, the husband has finally approached the apex court. The bench while issuing a notice in this regard has stayed the operation of the High court’s order. The husband is however required to pay the maintenance allowance as directed under the domestic violence Act. 


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