LI Network
Published on: 13 December 2022 at 14:17 IST
Karnataka High Court while entertaining maintenance case said, “There is no bar on an aggrieved woman seeking maintenance under the Protection of Women from Domestic Violence Act as well as under Section 125 of the Criminal Procedure Code or under the Hindu Marriage Act or even under the Hindu Adoptions and Maintenance Act, 1956, the Karnataka HC has observed in a recent judgement. “
Bench added, “The only rider would be that the amount to be paid to the wife will be inclusive of the maintenance awarded under each of the four jurisdictions and not exclusive, justice M Nagaprasanna noted in his order, while upholding the Rs 30,000 per month interim maintenance granted to a woman from Mangaluru.“
In the Rajneesh vs Neha (2021) case, the Supreme Court has observed that in the light of overlapping of jurisdictions, the grant of maintenance under section 20(1)(d) of DV Act would be in addition to the maintenance granted under section 125 of CrPC, and also held that there is no bar on seeking maintenance under the DV Act and section 125 of CrPC or the Hindu Marriage Act, or Hindu Adoptions and Maintenance Act, 1956,” the judge noted.
Karnataka HC while Dismissing the petition filed by the man, said the SC has held that if the husband is an able-bodied man, it is his duty to maintain his wife. The petitioner from Belthangady taluk in DK district got married on December 31, 2018 and the couple has no children.
On December 11, 2020, the wife alleged harassment by the husband and his family and registered a case against them. on February 22, 2021, she filed a petition under the DV Act before a court in Moodabidri, seeking interim maintenance. She was awarded Rs 20,000 per month as maintenance. The husband challenged the proceedings under the DV Act and the high court granted a stay on the same.