The Delhi High Court single judge bench of Justice Vibhu Bakhru while hearing the case of Rani V. Dinesh said that an order for interim maintenance granted under the Domestic Violence Act (DV Act) does not prohibit the beneficiary to claim interim maintenance for the same period in a separate proceeding under Section 125 CrPC.
The petitioners (estranged wife of respondent and their minor Son) filed a petition under Section 12 of the DV Act before a family court at the first place where they were awarded and interim ₹4,000 per month.
Thereafter, the petitioners filed another application under Section 125 CrPC for maintenance.
Later the petitioner again filed an application u/S-125 of CrPC for maintenance which was rejected by the Family Court on grounds that maintenance for the said period was already awarded under DV Act.
Aggrieved with the order of Family Court the petitioners moved to the HC which said that- “whether an application for interim maintenance under Section 125 CrPC could be maintained for the same period for which interim maintenance has been awarded under the DV Act, was no longer res integra.”
The Court further stated that although a separate application seeking interim maintenance for the same period is maintainable, the court concerned would necessarily bear in mind the interim maintenance awarded in the other proceedings while considering the merits of the new application.
Lastly keeping in mind the above the Family Court’s order to reject the claim under Section 125 was set aside and the matter was remanded back for consideration on merits.
