Case Note & Summary
The petitioner, Prashant s/o Rangnath Dhakane, filed a criminal writ petition challenging two interim maintenance orders: one dated 08.01.2020 passed by the Judicial Magistrate First Class, Dhule under the Protection of Women from Domestic Violence Act, 2005 (DV Act) in Criminal M.A. No. 689/2019, granting Rs. 1,000 per month each to his wife (respondent no. 1) and two minor children (respondent nos. 2 and 3); and another dated 27.01.2020 passed by the Judge, Family Court, Dhule under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) in Petition E No. 111/2019, granting Rs. 5,000 per month to the wife and Rs. 4,000 per month each to the children, totaling Rs. 13,000 per month. The petitioner contended that he was being compelled to pay maintenance under both orders, resulting in double payment. Additionally, the wife had filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights (Petition A No. 128/2019) and sought interim maintenance under Section 24 of the Act. The Family Court dismissed that application but imposed costs of Rs. 8,000 on the petitioner. The petitioner argued that the cost was unjustified as he was not at fault. The court considered the submissions of both sides. The learned counsel for the petitioner, Mr. Chetan Jadhav, argued that the two maintenance orders could not be enforced simultaneously without adjustment, and that the cost order was arbitrary. The learned counsel for the respondents, Mr. V.C. Patil, supported the orders. The court analyzed the legal position and held that a party cannot be compelled to pay maintenance under two separate proceedings for the same period without any set off. The court directed that the total interim maintenance of Rs. 13,000 per month under the Section 125 CrPC order shall be paid by the petitioner to the respondents, and the DV Act order shall stand satisfied by the same payment. The court also set aside the cost of Rs. 8,000 imposed on the petitioner in the Hindu Marriage Act proceedings, as it was not justified. The petition was disposed of with these directions.
Headnote
A) Family Law - Interim Maintenance - Set Off - Protection of Women from Domestic Violence Act, 2005, Section 125 Code of Criminal Procedure, 1973 - The petitioner husband challenged two separate interim maintenance orders: one under the DV Act granting Rs. 1,000 per month each to wife and two children, and another under Section 125 CrPC granting Rs. 5,000 to wife and Rs. 4,000 each to children. The court held that the husband cannot be compelled to pay maintenance under both orders without adjustment, and directed that the total interim maintenance of Rs. 13,000 per month under Section 125 CrPC shall be paid, with the DV Act order being satisfied by the same payment. The court also set aside the cost of Rs. 8,000 imposed on the husband in the Hindu Marriage Act proceedings. (Paras 1-10) B) Family Law - Interim Maintenance - Consolidation of Proceedings - Section 24 Hindu Marriage Act, 1955 - The wife had also filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, and sought interim maintenance under Section 24. The Family Court dismissed that application but imposed costs of Rs. 8,000 on the husband. The High Court set aside the cost order, noting that the husband was not at fault and that the wife had already obtained maintenance in other proceedings. (Paras 5-10)
Issue of Consideration
Whether a husband can be directed to pay interim maintenance under two separate proceedings (DV Act and Section 125 CrPC) without any set off, and whether the orders can be consolidated to avoid double payment.
Final Decision
The court allowed the petition in part. It directed that the total interim maintenance of Rs. 13,000 per month under the Section 125 CrPC order shall be paid by the petitioner to the respondents, and the DV Act order shall stand satisfied by the same payment. The cost of Rs. 8,000 imposed on the petitioner in the Hindu Marriage Act proceedings was set aside.
Law Points
- Interim maintenance
- set off
- double payment
- Protection of Women from Domestic Violence Act
- 2005
- Section 125 CrPC
- Section 24 Hindu Marriage Act
- 1955
- consolidation of orders
