Hindu Marriage Act, 1955
Section 24—Dismissal of application on ground that an order of maintenance has already been passed in the domestic violence petition—Appeal—There is a distinction between the scope and power exercised by the two courts and merely because an order is passed under one statute does not disentitle the spouse from claiming maintenance under the other statute, however, the order passed in one proceedings has to be taken into account and the amount being paid thereunder is to be adjusted from the amount awarded under the other proceedings—Impugned order clearly cannot be sustained and is set aside—Matter remitted to the Family Court to consider the application under Section 24 of the Hindu Marriage Act afresh—Appeal allowed.
[Paras 2 & 5]