Case Name : Rajnesh vs Neha & Anr Case Reference: (2020) 13 SCR 1093 Case Number: Crl A No 703/2020 Court: Supreme Court Bench: 02 Coram: Indu Malhotra (Author), R Subhash Reddy Date: 04.11.2020
Where successive claims for maintenance are made by a party under different statutes, the court is to consider adjustment or to set-off the amount awarded in previous proceedings, while determining further amount to be awarded in the subsequent proceeding.
It is mandatory for the applicant to disclose previous proceeding and orders passed therein, in subsequent proceeding. If order passed in previous proceeding requires modification or variation, it has to be done in the same proceeding.
Maintenance in all cases will be awarded from the date of FILING the application for maintenance
An order or decree of maintenance may be enforced under HMA - Section 28A, [DV - Section 20] and CrPC, Section 128 may be enforced as a money decree of a civil court as per provisions of CPC. Particularly CPC - Section 51, CPC - Section 55, CPC- Section 58, CPC - Section 60 read with CPC - Order XXI
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See also:
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