Alimony
Call For Paper Advertisement

Case– Rekha Prakash Dangi v. Her Husband

The Bombay High Court recently clarified the position of law pertaining to Alimony. While scrutinizing the whether an order passed for alimony under section 125 Cr.P.C is to be followed, or, whether an order passed for alimony under Domestic Violence Act, is to be followed, the court held that both the orders stand independently of each other.

The bench comprised of

Call For Paper Advertisement

The single judge bench of Justice Shalini Phansalkar Joshi was hearing the counter writ examining the question related to alimony filed by both husband and wife.

Facts

Rekha Prakash Dangi, aged 26, (petitioner’s wife) had filed a maintenance petition under section 125 of Cr.P.C in 2010, which was decided on January 20, 2016. Court had allowed the petition and awarded an alimony of Rs. 6,000 for wife and Rs. 4,000 for the minor daughter, every month.

While this petition under section 125 Cr.P.C was pending, another petition under the Domestic Violence Act was filed in 2012 wherein an interim maintenance was sought. Court partly allowed the petition on July 26, 2012, and awarded maintenance of Rs. 8,000 and Rs. 5,000 to the wife and minor daughter.

While the proceeding under section 125 Cr.P.C was going on the husband indicated the alimony decree passed by the family court under the Domestic Violence Act, the court recorded that the husband was already paying the amount but nowhere referred that the order of alimony passed in the proceedings of domestic violence act would replace the order passed under Section 125 Cr.P.C

Section 20 (1) (d) of the Domestic Violence Act states- 

‘In proceedings under the Domestic Violence Act, the Magistrate may direct the Respondent to pay the maintenance to the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under Section 125 of Cr.P.C. or any other law for the time being in force.

Section 36 of the Domestic Violence Act states- 

‘The provisions of the Domestic Violence Act shall be in addition to and not in derogation of the provisions of and not in derogation of the provisions of any other law for the time being in force.’

“Therefore, it follows that the awarded amount of alimony under the Domestic Violence Act cannot be replaced by the amount awarded for alimony under Section 125 of Cr.P.C.”

Judgement

Court held that both the orders of alimony have to be compiled. Court held that both the orders stand independently of each other.

Call For Paper Advertisement

99 COMMENTS

  1. LK Bennett Outlet store

    I wanted to say Thank You for providing this information, youre doing a great job with the site if you get a chance would you help me make some changes to my site? Ill pay you for your help, you can find the link to my site in my name. Thank you!

  2. asics outlet near me

    It is such a great resource which you are providing and you give it away for free. I take pleasure in seeing web sites that fully grasp the worth of offering a high quality resource for free of charge.

  3. balmain for sale

    Arrival from the standpoint of a fellow associate within this commerce, I in point of fact enjoy your write-up. I’ve regularly been in in actuality like with this trade all my life so I have developed a dialogue board for market specialists to come to…

  4. hunter sale

    increase low sperm count how long to build up sperm sperm production process increase sperm count and motility more sperm when ejaculating how to increase seminal production vitamins to increase sperm count produce more sperm without pills sperm motili…

  5. asics warehouse sale

    First of all, allow my family appreciate a persons command during this matter. Even though this is certainly brand new , nevertheless soon after registering your site, this intellect has exploded extensively. Allow all of us to take hold of ones rss to…

  6. cheap asic miner

    Several of the points associated with this weblog publish are usually advantageous nonetheless had me personally wanting to understand, did they critically imply that? One stage I have got to say is your writing experience are excellent and Ill be retu…

  7. patagonia men down jacket

    I’m now not sure where you are getting your information, but great topic. I needs to spend a while finding out more or understanding more. Thanks for fantastic info I was in search of this info for my mission.

  8. discount jimmy choo

    The following time I read a weblog, I hope that it doesnt disappoint me as much as this one. I mean, I know it was my option to learn, but I really thought youd have something fascinating to say. All I hear is a bunch of whining about one thing that yo…

  9. toms outlet

    I think youve made some genuinely interesting points. Not as well many people would in fact think about this the way you just did. Im truly impressed that theres so significantly about this subject thats been uncovered and you did it so properly, with…

  10. arcteryx atom lt hoody

    I think this is among the most significant information for me. And im glad reading your article. But want to remark on some general things, The website style is wonderful, the articles is really excellent : D. Good job, cheers

  11. The Best new balance Store

    A helpful share, I just passed this onto a student who was doing a little analysis on this. And he in fact purchased me lunch because I found it for him.. smile. So let me reword that: Thank you for the treat! But yeah Thnkx for spending the time to ta…

  12. ecco store nyc

    I love visiting your content for the reason that you often give us huge posts about computers and technology. exceptional writeup humbling Job once again. I plan to put this internet site in my favorites list. I think I shall subscribe to the blog feed…

  13. buy prada bags

    Despite the fact that I would???ê?ève preferred in the event you went into a bit bit a lot more detail, I still got the gist of what you meant. I agree with it. It may well not be a well-known idea, but it makes sense. Will surely come back for much mo…

  14. adidas 80% Off

    Have you ever considered adding more videos to your blog posts to keep the readers more entertained? I mean I just read through the entire article of yours and it was quite good but since Im more of a visual learner,I found that to be more helpful well…

  15. ecco outlet stores

    Normal reasons that computers get slower is because of low diskspace,low memory, and low memory. However there are apps that can solve such dilemas. Using these programs can really help. Might you tell me know if that is the case

  16. jimmy choo shoes online sale

    It was a real excitement coming across your site last night. I got here today hoping to discover something new. I was not upset. Your ideas with new techniques on this subject matter were topical and an excellent help to my family. Thank you for leavin…

  17. cole haan factory outlet

    Hello, i learn your blog occasionally and i own an identical one and i used to be just wondering in case you get loads of spam feedback? In that case how do you forestall it, any plugin or anything you may recommend? Im getting so much recently it is d…

  18. keen outlet store locations

    i was reading throught some of the posts and i identify them to be plumb interesting. apologetic my english is not exaclty the exceptionally best. would there be anyway to transalte this into my argot, spanish. it would actually help me a lot. since i…

  19. ugg buy

    Its pretty interesting that the mainstream media has changed the way it looks at this recently dont you think? Now it seems that it is discussed thoroughly and more in depth. Overall though Im looking for a change.

  20. sale keen sandals

    Its rare for me to discover something on the net that is as entertaining and intriguing as what you have got here. Your page is lovely, your graphics are great, and whats more, you use source that are relevant to what you are talking about. Youre defin…

  21. outlet mammut

    Hey, you used to write fantastic, but the last several posts have been kinda boring? I miss your super writings. Past several posts are just a little out of track! come on!

  22. lk bennett usa stores

    I really enjoy this theme you have got going on on your site. What is the name of the template by the way? I was thinking of using this style for the website I am going to put together for my school project.

  23. cheap vivienne westwood

    I was wondering if you want to be a visitor poster on my web site? and in trade you possibly can include a hyperlink your publish? Please reply whenever you get an opportunity and I will send you my contact particulars thanks. Anyway, in my language, t…

  24. Buy Victoria’s Secret

    I want to show my affection for your kind-heartedness for folks who must have guidance on in this subject. Your special dedication to getting the message up and down came to be remarkably good and have surely empowered others like me to reach their end…

  25. berghaus jacket cheap

    Wow actually a huge post. I like this.I just passed this onto a colleague who was doing a little research on that. And he actually bought me lunch because I found it for him. Overall, Lots of great information and inspiration, both of which we all need…

  26. mammut store bern

    Hands down, Apples app store wins by a mile. Its a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but Im not sure Id want to bet on the future if this aspect i…

  27. coach store online

    But yeah Many thanks for taking the time to chat about this, I believe strongly about it and actually like learning more on this topic. If doable, as you gain expertise, would you mind updating your webpage with more information? It is extremely helpfu…

  28. discount ecco

    I want to thnx for the efforts you have put in writing this blog post. I am hoping the same high-grade blogpost from you in the upcoming as well. In fact your creative writing skill has inspired me to get my own blog now. Really the blogging is spreadi…

  29. buy cole haan online

    This is some nice stuff. It took me a while to find this web page but it was worth the time. I noticed this post was hidden in yahoo and not the number one spot. This web page has a ton of enjoyable stuff and it does not deserve to be burried in the se…

  30. berghaus for sale

    Dude, please tell me that youre heading to write a lot more. I notice you havent written another weblog for a while (Im just catching up myself). Your blog is just as well important to become missed. Youve received so considerably to say, these knowled…

  31. coach outlet store online

    I liked up to you will obtain performed proper hereThe sketch is tasteful, your authored subject matter stylishnevertheless, you command get bought an edginess over that you wish be turning in the followingill undoubtedly come further earlier once more…

  32. arcteryx jackets online

    I admire the valuable information and facts you offer inside your posts. Ill bookmark your weblog and also have my children examine up right here typically. Im fairly positive theyll discover a lot of new things here than anybody else!

  33. is coach outlet online real

    Id wish to thank you for the efforts youve got made in writing this post. Im hoping the exact same best perform from you within the potential also. Actually your inventive writing skills has inspired me to begin my personal BlogEngine weblog now.

  34. Millet outlet

    Hi I just dropped by and wanted to say you to have a Merry Christmas. Let all your wishes make come true for you and your family and lets hope the next year be prosperous for all us.Merry Christmas

  35. barbour quilted jackets women

    I admit, I have not been on this webpage in a long time however it was another joy to see It is such an important topic and ignored by so many, even professionals. I thank you to help making people more aware of possible issues.Great stuff as usual.

  36. Rene Caovilla Outlet store

    We extremely appreciate your blog post. You can find so many means we could put it to good use with minimum effort with time and resources. Thank you really for helping make this post respond to many queries we have got before now.

Leave a Reply