NOIDA<\/em>:<\/strong> The Civil Judge (Junior Division), Gautam Budh Nagar<\/strong> has held that a wife <\/strong>cannot receive double maintenance<\/strong> for the same period merely because she has obtained orders under different statutes. While the Court found her entitled to \u20b925,000 per month as interim maintenance<\/a> <\/strong>under the Protection of Women from Domestic Violence Act<\/a>, 2005,<\/strong> it clarified that the husband would not be required to pay any additional amount as she was already receiving \u20b925,000 per month in another maintenance proceeding.<\/p>\n\n\n\n The dispute arose after the wife filed an application under Section 23 of the Domestic Violence Act<\/em><\/strong>seeking interim maintenance. She claimed that the parties married according to Hindu rites in 2013 and alleged that she had been subjected to mental, physical and financial cruelty<\/strong> during the marriage. She also stated that after the husband allegedly left the matrimonial home, she was taking care of their minor son alone, had become unemployed and had no independent source of income. She sought \u20b91 lakh per month as interim maintenance<\/strong> along with litigation expenses.<\/p>\n\n\n\n The husband opposed the application. He argued that the wife had already been granted \u20b925,000 per month as interim maintenance<\/strong> by the Principal Judge, Family Court, Noida, in another matrimonial proceeding. According to him, the present application was based on the same facts, the same income documents and the same financial circumstances. He submitted that granting another maintenance amount would result in duplication and amount to double recovery.<\/p>\n\n\n\n The husband further contended that the wife was a well-qualified professional who had previously worked as an Enterprise Consultant<\/strong>, had disclosed substantial income in earlier Income Tax Returns and was capable of maintaining herself. He also claimed that he continued to bear the expenses of the child and denied the allegations of cruelty made against him.<\/p>\n\n\n\n After considering the pleadings, affidavits and income documents filed by both parties, the Court noted that the wife was presently unemployed, while the husband was employed as a Project Manager at Ericsson India<\/strong> with a monthly income of around \u20b91,20,133<\/strong>. The Court also observed that both parties were educated and capable of earning, but the husband remained legally responsible to maintain his wife and minor child.<\/p>\n\n\n\n The Court accordingly fixed \u20b925,000 per month as interim maintenance<\/strong> under the Domestic Violence Act. However, it also directed that if the husband was already paying maintenance under any other proceeding, the same amount would be adjusted<\/strong>, ensuring that the wife would not receive an additional maintenance amount for the same period. As a result, the maintenance awarded in the Domestic Violence case effectively became Nil,<\/strong> while the earlier maintenance order continued.<\/p>\n\n\n\n <\/p>\n\n\n\nEXPLANATORY TABLE OF LAWS AND SECTION<\/h3>\n\n\n\n
Law \/ Section<\/strong><\/strong><\/td> Purpose<\/strong><\/strong><\/td> How It Applied In This Case<\/strong><\/strong><\/td><\/tr><\/thead> Section 12, Protection of Women from Domestic Violence Act, 2005<\/strong><\/strong><\/td> Enables an aggrieved woman to file an application before the Magistrate seeking reliefs under the DV Act.<\/td> The wife initiated the Domestic Violence proceedings under this provision.<\/td><\/tr> Section 23, Protection of Women from Domestic Violence Act, 2005<\/strong><\/strong><\/td> Empowers the Magistrate to grant interim and ex parte relief during the pendency of proceedings.<\/td> The Court considered the wife’s request for interim maintenance under this provision and awarded \u20b925,000 per month, subject to adjustment against maintenance already being paid elsewhere.<\/td><\/tr> Section 24, Hindu Marriage Act, 1955<\/strong> <\/strong><\/strong><\/td> Provides interim maintenance and litigation expenses during matrimonial proceedings.<\/td> The husband relied upon proceedings under the Hindu Marriage Act to argue that another maintenance order already existed and duplicate maintenance should not be granted.<\/td><\/tr> Section 125,CrPC \/ Section 144 BNSS<\/strong> <\/strong><\/strong><\/td> Provides maintenance to wives, children and parents unable to maintain themselves.<\/td> The respondent relied on judicial precedents discussing adjustment of maintenance granted under different statutes to avoid double recovery.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n CASE DETAILS<\/h3>\n\n\n\n