Maintenance Laws : Supreme Court Dismisses Plea Seeking Guidelines To Address Overlapping Jurisdictions Under Sec 125 CrPC, DV Act, HMA
Live LawThe Supreme Court on Friday dismissed a petition seeking guidelines to prevent misuse of maintenance laws by means of conflicting orders and overlapping jurisdictions. As per the petition, the amount for maintenance could be granted under various provisions of law including Section 125 of CrPC, Domestic Violence Act, Hindu Marriage Act etc. He stated– "For instance, if a woman has been granted maintenance under Section 125 of CrPC and later approaches the court under the Domestic Violence Act, or Hindu Marriage Act for that matter, the maintenance granted as per the previous award would be duly considered. The guidelines read as follows– a) Where successive claims for maintenance are made by a party under different statutes, the Court would consider an adjustment or set- off, of the amount awarded in the previous proceeding/s, while determining whether any further amount is to be awarded in the subsequent proceeding; b) It is made mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding; c) If the order passed in the previous proceeding/s requires any modification or variation, it would be required to be done in the same proceeding.
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