I want to claim maintenance under Section 125 CrPC in Bareilly but I am also seeking divorce, can I file both?

Detailed Legal Analysis

Yes, you can claim maintenance under Section 125 of the Code of Criminal Procedure simultaneously with a divorce petition under personal law. In Bareilly, the proceedings are independent and can be filed before different courts.

The Allahabad High Court has held that maintenance under Section 125 CrPC is a statutory right and is not barred by pending matrimonial proceedings. Uttar Pradesh Rent Control Act 1972 may not affect the maintainability of a Section 125 CrPC application.

However, the court may consider the maintenance awarded in the matrimonial proceedings to avoid duplication. You must file separate applications in the respective courts and disclose the pending proceedings.

The magistrate can order interim maintenance while the divorce petition is pending. The order under Section 125 CrPC can be modified if circumstances change.