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.
The petitioner has filed the proceedings against the respondent-husband under the provisions of PWDV Act, 2005 and under section 125 of the Code of Criminal Proceedings. The application for maintenance under section 125 Cr.P.C. was filed after getting an order of maintenance under PWDV Act.
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.
KEYWORDS:-Maintenance to Muslim wife- DATE:- 23-04-1985- whether the law of Islam is capable of evolution ? AIR 1985 SC 945 : (1985) 3 SCR 844 : (1985) 2 SCC 556 : (1985) 1 SCALE 767 : (1985) CriLJ SC 875 (SUPREME COURT OF INDIA) Mohd. Ahmed Khan Appellant Versus Shah Bano Begum and others Respondent (Before : Y. V. Chandrachud, C.J.I., […]