New Delhi, Dec 14 : The Delhi High Court has raised concerns about the overlapping jurisdiction leading to conflicting judgments in cases involving interim maintenance.
A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed that conflicting orders under different acts create a sense of judicial impropriety and forum shopping.
It said that if the facts of a case remain identical, maintenance granted by one court should be adopted by another court.However, if additional factors or varying circumstances arise, especially under the Domestic Violence Act, 2005, the court may grant additional maintenance, but not without considering previous orders.
The bench clarified that once permanent alimony has been granted under acts like the Hindu Marriage Act, 1955, or Hindu Adoptions and Maintenance Act, 1956, subsequent interim maintenance orders should not vary or modify it.
Parties seeking modifications should approach the same court that granted permanent alimony.
These observations came in response to a husband’s plea challenging a family court order directing him to pay monthly maintenance of Rs 30,000 to his wife under the Hindu Marriage Act, 1955.The couple, married in 2011, had been living separately since 2016, with the husband seeking divorce on grounds of cruelty.
While the wife’s interim maintenance was initially declined under the Domestic Violence Act, 2005, the court later allowed monthly maintenance of Rs 15,000 for their minor child.The high court, noting the wife’s capacity to earn and her independent income, partly allowed the appeal, modifying the order to grant Rs.20,000 monthly maintenance for the child.
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