The summons or notice in respect of proceedings under Section 125 of the Code of Criminal Procedure to the opposite party of that case has to be served in accordance with the procedure laid down under Section 62 or 64 or 65 of the Code of Criminal Procedure and not in accordance with the procedure contemplated by Section 69.

It is well settled that a wife can make a claim for maintenance under different statutes. For instance, there is no bar to seek maintenance both under the D.V. Act and Section 125 of the Cr.P.C., or under H.M.A. It would, however, be inequitable to direct the husband to pay maintenance under each of the proceedings, independent of the relief granted in a previous proceeding. If maintenance is awarded to the wife in a previously instituted proceeding, she is under a legal obligation to disclose the same in a subsequent proceeding for maintenance, which may be filed under another enactment.

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