Vikas v State of UP, 2013 (3 )ACR 2413 2013
The wife had filed two separate cases, one under the DV Act and the other, under section 125 CrPC. She also filed criminal cases against the husband. Both courts gave orders for maintenance separately. The family court ordered the adjustment of maintenance amount which was passed under the DV Act. The husband contested the said order of the family court on two grounds. Firstly, whether two orders can be passed on the same person, which are also of the same nature and secondly that the family court, while passing the orders, did not consider the ingredients of section 125, CrPC, like the wife has been staying separately without reasonable cause, etc.
Dismissing the appeal, the Allahabad High Court held that orders given separately are legitimate in nature and have been passed by the courts based on their discretion. The family court also, while giving the orders of maintenance had given due consideration to the orders under the DV Act and had adjusted the amount accordingly. The court also observed that the wife was living separately because of the mental cruelty inflicted upon her by her husband, hence filing of the DV Act is legitimate, as she had been a domestic relation in the past and opting out of it due to conditions created by the husband
Shailesh Milind Gupte v Asmita Milind Gupte, 24.10.2018
The wife filed an application u/s 12 of the DV Act against her husband seeking maintenance. Simultaneously an application seeking maintenance was also filed u/s 24 of the Hindu Marriage Act. The magistrate held that the husband though jobless is capable of earning 1 lakh rupees and directed the husband to pay an amount of Rs.30,000/-p.m. under the Hindu Marriage Act and Rs.10,000/- under the DV Act. The husband challenged this in the sessions court contending that maintenance cannot be granted from both the Acts but was dismissed.
Dismissing the husband’s petition, the Bombay High Court emphasised on sections 20 and 26 of the DV Act and section 24 of the HMA and held that the maintenance granted under the DV Act is in addition and not in derogation to the maintenance granted under the HMA.