Can’t misuse law to claim maintenance twice: Delhi high court

The Delhi high court pulled up a woman on Tuesday for misusing the laws meant to help the fairer sex and said a woman could not claim maintenance twice from the husband under the different provisions of law.

Justice SN Dhingra dismissed the plea of one Rachna Kathuria, seeking enhancement of maintenance from her husband Ramesh Kathuria under the Domestic Violence Act, which was earlier rejected by a trial court in 2009.

“Protection of women from Domestic Violence Act does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court under Section 125 of CrPC, she does not have a right to claim additional maintenance under another Act,” justice Dhingra said.

In the present case, Rachna who had been living separately  since 1996, filed a plea of maintenance under the Hindu Marriage Act and won a maintenance of Rs4,000 per month.

“The court of metropolitan magistrate under the Domestic Violence Act has the power to grant maintenance and monetary relief on an interim basis in a fast track manner only in those cases where a woman has not exercised her right of claiming maintenance, either under civil court or under Section 125 of CrPC.

If the woman has already moved the court and her right of maintenance has been adjudicated by a competent civil court for any enhancement of maintenance already granted, she will have to move the same court. She cannot approach the trial court under Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance,” the court ruled.