Wife entitled to claim maintenance under every law: Relief under one law is not a bar in getting relief under another law [Read the Order]

Delhi High Court has held that wife entitled to claim maintenance under every law: Relief under one law is not a bar in getting relief under another law.

A bench of Justice Sistani and Justice Singh has passed the order in the case titled as RD vs BD on 31.07.2019.

High Court noted the question as "The first issue which arises for our consideration is as to whether maintenance can be awarded in other proceedings once the interim maintenance has already been granted under proceedings arising out of Section 125 of Cr.P.C. or DV Act.

High Court observed "A careful perusal of Section 20 of DV Act shows that it provides maintenance to the aggrieved person as well as her children, if any, which would be in addition to an order of maintenance under Section 125 of the Code of Criminal Procedure or any other law for the time being in force.

Further, Section 26 of DV Act stipulates that any relief available under Sections 18 to 22 of DV Act may also be sought in any legal proceedings before a civil court, Family court or a criminal court and such relief may be sought in addition thereto.

Whereas Section 36 of DV Act clearly stipulates 'Act not in derogation of any other law—The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force'.....

A conjoint reading of the aforesaid Sections 20, 26 and 36 of DV Act would clearly establish that the provisions of DV Act dealing with maintenance are supplementary to the provisions of other laws and therefore maintenance can be granted to the aggrieved person (s) under the DV Act which would also be in addition to any order of maintenance arising out of Section 125 of Cr.P.C".

High Court then held "However, it cannot be laid down as a proposition of law that once an order of maintenance has been passed by any Court then the same cannot be re-adjudicated upon by any other Court. The legislative mandate envisages grant of maintenance to the wife under various statutes such as HMA, Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as ‘HAMA’), Section 125 of Cr.P.C. as well as Section 20 of DV Act. As such various statutes have been enacted to provide for the maintenance to the wife and it is nowhere the intention of the legislature that once any order is passed in either of the proceedings, the said order would debar re-adjudication of the issue of maintenance in any other Court".

Read the Order here:

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