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She has filed application under domestic violence…can she claim maintenance?
Question
There is matrimonial dispute going on between husband and wife. Wife filed various cases against the husband in different courts including petition under section 125 cr.p.c. now she has filed application under Domestic violence act and also filed application for maintenance. Can she claim maintanece from husband by filing different different applications simultaneously
Answer ( 1 )
Wife can claim maintenance under section 24 of HMA if a divorce petition is pending or under sections 16, 17, 18 etc of Prevention of domestic violence act. In addition maintenance petition can be filed under section 125 croc as well. All these proceedings can go on simultaneously however it has to be disclosed before each court regarding pendency of other petitions. Further in all the cases even if filed together, the judge while awarding maintenance will make a provision to the effect that in case maintenance is being received in any other proceedings then the same be set off. Whatever is being paid will be deducted from the awarded amount
So there is no bar for filling multiple cases.