Bipin Pratapari Bhatt v Union of India, MANU/GJ/0593/2010 : I (2011) DMC 734 Guj
The wife filed an application under section 12 of the DV Act against the husband. The husband filed an application for quashing in the High Court. The Gujarat High Court rejected the petition. Thereafter the husband filed a writ petition in the High Court challenging the constitutional validity of section 26(1) of the DV Act and contended that it is ultra vires to Article 20 of the Constitution of India. Dismissing the petition, the Gujarat High Court held that sections 18 to 22 of the DV Act relate to relief, which can be sought for even from civil court and they are civil in nature, the husband cannot derive the advantage of Article 20(1) of the Constitution to challenge the validity of section 26 of the DV Act.
Surya Kumari v Lakshmi Ravinder, MANU/KE/1059/2011 Ker
The wife filed an application under section 12 of the DV Act against her husband and father-in-law seeking protection orders, alternative accommodation and maintenance. Simultaneously she has filed an application under section 125 CrPC and a petition for divorce. Aggrieved, the husband filed an appeal in the High Court stating that multiple cases have been filed against him in order to harass and insult him and his family. Dismissing the petition, the Kerala High Court held that it cannot be denied that the wife has every right to file the cases under the respective Acts simultaneously. The wife cannot be asked to consolidate her claims into one application/forum. The exercise of a statutory right cannot be described as an abuse of the process of law unless it is prima facie false and vexatious, until the court concerned says so, ultimately.
Niharika Yadav v Manish Kumar Yadav, MANU/DE/4334/2019
The wife has filed an application in the family court u/s 125 of Cr PC for grant of interim maintenance, which was denied on the ground that the wife was capable of maintaining herself and that the husband was voluntarily paying her Rs.10,000/- as maintenance in her application under section 24 the Hindu Marriage Act (HMA). Aggrieved, the wife filed an appeal in the High Court. Setting aside the order of the lower courts, the Delhi High Court held that grant of maintenance under section 24 of the HMA does not bar grant of maintenance from other proceedings.