My wife has filed three distinct petitions for only one remedy. She has filed an application under Section 125 crpc for maintenance. Again she has filed a civil suit under Section 18 Hindu Adoption and Maintenance Act for maintenance and Section 24 Hindu Marriage Act for interim maintenance. Whether she has a right to claim maintenance in more than one court case. Can wife file more petitions for maintenance?
The wife has a right to maintenance from her husband. Therefore, she can seek maintenance from the court in more than one application or petitions in different laws. Section 125 crpc (Code of Criminal Procedure), Section 18 HAMA (Hindu Adoption and Maintenance Act) and Section 24 HMA (Hindu Marriage Act) provide right to maintenance.
There is no bar to claim maintenance in different Acts [Rajnesh v. Neha, (2021) 2 SCC 324]. Hence, wife can file more than one petitions for maintenance. The court may direct the husband to pay maintenance to his wife irrespective that in the other proceedings he has already been directed by the court. Husband cannot take a plea that he shall not pay alimony because he has been paying the same in other proceedings.
But it is the duty of the wife to disclose the fact to the court that she has been receiving an amount of alimony in another proceeding. Therefore, the court shall consider that amount while deciding the quantum of maintenance in the present proceeding.
