I want to claim maintenance under Section 125 CrPC in Kolkata but I am also seeking divorce, can I file both?
DE Asked by Deepak Singh from India
Quick Answer
Yes, you can claim maintenance under Section 125 of the Code of Criminal Procedure simultaneously with a divorce petition under personal law.
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 Kolkata, the proceedings are independent and can be filed before different courts.
The Calcutta High Court has held that maintenance under Section 125 CrPC is a statutory right and is not barred by pending matrimonial proceedings. West Bengal Premises Tenancy Act 1997 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.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.