Husband need not pay maintenance based on multiple orders: Bombay HC

If a woman succeeds in getting multiple orders of maintenance, the husband does not have to pay all these amounts and can pay just the larger amount, the court said.

In an important ruling, the Bombay high court has held that if a woman succeeds in getting multiple orders of maintenance, the husband need not pay all these amounts and is entitled to pay just the larger amount.

The Bombay high court has held that if a woman succeeds in getting multiple orders of maintenance, the husband need not pay all these amounts and is entitled to pay just the larger amount. (HT File)

“There may be different enactments providing for maintenance to wife and children, but the objective behind every such provision is to prevent vagrancy and destitution,” said Justice PR Bora. These provisions cannot be interpreted to mean that the husband can be made to pay the amount awarded under every provision, he added.

Justice Bora was hearing the plea of a 43-year-old resident of Latur district. His wife had filed two applications before two different forums for maintenance – one invoking provisions of the DV Act on August 26, 2014, and another under section 125 of the Criminal Procedure Code (CrPC) on the next day.

In the DV Act proceeding, order of interim maintenance made on January 16, 2015, directed him to pay a monthly maintenance of ₹3,000 to the mother-daughter duo. On her application under section 125, an order on September 1, 2015, directed him to pay them maintenance of ₹5,000 per month from August 2014. The wife later instituted proceedings for recovery of ₹61,000 due out of amounts awarded to her under section 125.

The husband then sought adjustment of ₹33,000 that he had paid as interim maintenance under DV Act proceedings. The court refused to adjust the amounts, compelling him to approach the HC. Justice Bora also said women and children can also claim maintenance under sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 and under section 24 of Hindu Marriage Act, 1955.