
Multiple Maintenance Orders: Can a Husband Be Forced to Pay Twice?
In India, maintenance is awarded to a wife under various legal provisions, including Section 125 CrPC, the Hindu Marriage Act, the Domestic Violence Act, and other personal laws. However, a common legal dilemma arises when a husband is ordered to pay maintenance under multiple proceedings. Can a husband be forced to pay maintenance twice? If so, how can he seek relief?
This blog will analyze the legal framework governing multiple maintenance orders, landmark judgments, and the remedies available to a husband facing financial hardship due to overlapping maintenance liabilities.
Understanding Multiple Maintenance Orders
A husband may be directed to pay maintenance under different laws simultaneously, including:
Section 125 of the Criminal Procedure Code (CrPC) or Section 91 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) – Provides for basic maintenance to a wife, children, or parents.
Section 24 & 25 of the Hindu Marriage Act, 1955 – Allows maintenance during and after divorce proceedings.
The Protection of Women from Domestic Violence Act, 2005 – Section 20 grants monetary relief, which includes maintenance.
Personal Laws (Muslim, Christian, Parsi, and Special Marriage Act provisions) – Provide additional maintenance rights.
Key Legal Issue: Can a Husband Be Asked to Pay Maintenance Twice?
The Supreme Court has ruled that no woman can receive double maintenance for the same period from different courts. However, she may claim maintenance under multiple laws, and courts will adjust or set off payments accordingly.
Multiple Maintenance Orders: Can a Husband Be Forced to Pay Twice?
Landmark Judgments on Multiple Maintenance Orders
Rajnesh v. Neha (2020) SC
The Supreme Court mandated that a wife must disclose all previous maintenance claims in any new maintenance petition.
Guidelines for uniform maintenance orders were issued to avoid duplicity.
Nagendrappa Natikar v. Neelamma (2013) SC
Held that a wife receiving a full and final settlement under Section 125 CrPC cannot claim fresh maintenance under the Hindu Marriage Act.
Sunita Kachwaha & Anr v. Anil Kachwaha (2014) SC
Clarified that maintenance under the Domestic Violence Act can be in addition to CrPC orders, provided they cover different needs (e.g., medical vs. monthly expenses).
Legal Remedies for a Husband Facing Multiple Maintenance Orders
1. Filing a Set-Off Application
If maintenance is awarded under two laws, the husband can file an application in the higher court seeking an adjustment of payments.
Courts usually deduct amounts already paid in another proceeding.
2. Challenging the Higher Maintenance Order
If a higher maintenance is granted despite an existing order, the husband can challenge the second order in the High Court or Supreme Court.
3. Seeking Modification of Maintenance Amount
Under Section 127 CrPC (Now Section 93 BNSS), the husband can request a reduction or cancellation of maintenance due to changed financial conditions.
4. Using Income and Financial Disclosure Forms
Courts have directed both parties to file affidavits detailing their income and expenses to ensure fair maintenance amounts.
Conclusion: Avoiding Unfair Double Maintenance Orders
While a wife can claim maintenance under multiple provisions, the law ensures that a husband is not unfairly burdened by duplicate payments. Courts follow a set-off principle to prevent undue financial hardship on the husband. If you are facing multiple maintenance orders, legal remedies such as filing set-off applications and modification requests can help you seek relief.
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