Case Note & Summary
The petitioner-wife filed a criminal revision application before the Bombay High Court challenging the order of the Family Court, Jalgaon, dated 29.01.2020, which refused her maintenance under the Hindu Marriage Act, 1955. The Family Court had rejected the maintenance application solely on the ground that the wife was already granted maintenance under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). The wife argued that there is no bar to filing proceedings under multiple enactments for the same relief, relying on Supreme Court and High Court precedents. The husband contended that the Family Court's view was correct and that no husband should be burdened to pay maintenance under different enactments. The High Court, after hearing both sides, held that the Family Court's reasoning was erroneous and contrary to settled law. The court observed that the wife had resided with the husband for only 45 days, but this fact was not considered by the Family Court. The High Court set aside the impugned order and remanded the matter back to the Family Court for fresh consideration on merits, directing the Family Court to decide the maintenance application without being influenced by the fact that maintenance was already granted under the PWDV Act.
Headnote
A) Family Law - Maintenance - Simultaneous Proceedings - Hindu Marriage Act, 1955, Section 24 - Protection of Women from Domestic Violence Act, 2005, Section 20 - The issue was whether a wife can claim maintenance under the Hindu Marriage Act when she already receives maintenance under the Domestic Violence Act. The court held that there is no bar to file proceedings simultaneously under different enactments for similar relief, and the Family Court erred in refusing maintenance on that sole ground. (Paras 3-5)
Issue of Consideration
Whether a wife can claim maintenance under the Hindu Marriage Act, 1955 when she has already been granted maintenance under the Protection of Women from Domestic Violence Act, 2005
Final Decision
The impugned order dated 29.01.2020 passed by the learned Judge, Family Court, Jalgaon, in Petition No.E-329/2019 is set aside. The matter is remanded back to the Family Court for fresh consideration on merits, without being influenced by the fact that maintenance was already granted under the PWDV Act. The Family Court is directed to decide the maintenance application expeditiously.
Law Points
- Maintenance under different enactments can be claimed simultaneously
- No bar to file proceedings under multiple Acts for similar relief
- Family Court cannot refuse maintenance solely because maintenance already granted under PWDV Act
