SC Stays Order Directing Husband to Pay Maintenance under CrPC as well as Domestic Violence Act

 

January 12, 2018

This intriguing issue is a bone of contention in one of the cases decided by the Bombay High Court in October, 2017[1].

In this case, the wife had initially claimed maintenance under Section 125 CrPC and the Court had awarded maintenance of Rs. 6000 to the wife and Rs. 4000 to her minor daughter. While the case under Section 125 of CrPC was pending, a case was filed and an interim maintenance was sought by the wife under Domestic Violence Act, whereby the husband was directed to pay maintenance of Rs. 8000 and Rs. 5000 to wife and daughter respectively. Aggrieved by the order, the husband approached the Bombay High Court whereby, the Court made reference to Section 36 of Domestic Violence Act, 2015 which entails that the provisions of the Act shall be in addition to, and not in derogation of the provisions of any other law and held that the amount of maintenance awarded under the Domestic Violence Act cannot be substituted to the order of maintenance under Section 125 of CrPC.

Aggrieved by Bombay High Court order, the husband has approached the Supreme Court and the matter was taken up by the Supreme Court on January 10, 2018 whereby the Apex Court has stayed Bombay High Court’s order. However, the Court has directed the husband to continue to pay maintenance under the Domestic Violence Act.

Also read Landmark Judgments on Maintenance in 2017

 

[1] Prakash Babulal Dangi v. The State of Maharashtra

About the Author

Shilpi Sharan

- Shilpi Sharan is the Editor at Vakilno1.com - an Advocate with extensive knowledge in myriad fields of Law. She has a flair of writing and has legal publications in national and international law magazines to her credit. She focuses on legal research and aims at raising public awareness of laws in India.