Final Maintenance Order Under Section 125 CrPC Prevails Over Interim Relief Under Hindu Marriage Act: Karnataka High Court

The Karnataka High Court has upheld a final maintenance order under Section 125 CrPC while simultaneously setting aside an interim maintenance order under Section 24 Hindu Marriage Act passed in separate proceedings, holding that continuance of both results in overlapping financial liability of the husband which is illegal. 

The single-judge bench of Justice Dr. K. Manmadha Rao noted in the order as follows:

“The said determination [S.125 CrPC] being a final adjudication on the entitlement and quantum of maintenance, based on appreciation of evidence, assumes primacy over any interim arrangement made during the pendency of matrimonial proceedings…continuation of a parallel direction for interim maintenance in the matrimonial proceedings….result in duplication of relief and overlapping financial liability for the same period, which cannot be sustained in law.”

The aforesaid observations were made by the High Court while hearing a revision plea preferred by the husband against the Rs 10000/- monthly maintenance awarded under Section 125 CrPC and a connected writ petition filed by the husband against Rs 10000/- interim maintenance awarded under S.24 of the Hindu Marriage Act in separate matrimonial proceedings..

The petitioner-husband and the respondent-wife got married in the year 2020. According to the latter, within a week of marriage, the husband and his family were demanding an additional sum of Rs 25 lakhs and the transfer of properties subsisting in her name. Alleging cruelty, the wife filed a case under Section 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act.

Subsequently, the husband proceeded with a divorce case. The wife sought interim maintenance under Section 24 of the Hindu Marriage Act as well as made a separate maintenance claim under Section 125 CrPC. In the Section 24 proceedings, the wife was awarded Rs 10000/- per month as interim maintenance, the same as the amount awarded in the final maintenance order under Section 125 CrPC later. Additionally, the court, under Section 24 of the Hindu Marriage Act, also granted the wife litigation expenses to the tune of Rs 20000/-.

In the revision plea and the writ petition, the husband claimed that the wife was a B.E graduate running a gas agency and had a monthly revenue of Rs 4 lakhs, which indicated that she could sustain herself. Moreover, the counsel for the husband also pressed on the aspect of parallel claims in separate proceedings.

After considering the submissions made by the parties, the High Court noted as follows:

“Regarding the challenge to the interim maintenance in the proceedings in M.C.No.5/2022, this Court is of the considered view that the nature and scope of relief under Section 24 of the Hindu Marriage Act, 1955 is distinct and limited to providing immediate financial assistance to enable a wife to prosecute or defend matrimonial proceedings…”.

However, noting that 'double maintenance' cannot be countenanced for the same time period, the court set aside the interim maintenance order under Section 24 of the Hindu Marriage Act. The court then upheld the Rs 10000/- monthly maintenance awarded under Section 125 CrPC as the 'operating and governing obligation for the husband'. The court also affirmed the Rs 20,000 litigation expenses awarded by the court.

“…The maintenance awarded under Section 125 of the Cr.P.C. shall be the operative maintenance payable by the petitioner/husband, subject to adjustment, if any, in the final adjudication of M.C.No.5/2022”, the court concluded in the order.

Accordingly, the husband's revision plea was dismissed. In contrast, the writ petition against interim maintenance was only partly allowed, as the court upheld the quantum of litigation expenses ordered by the family court.

Case Title: Sri. Ramesh N v. Smt. Raksha M @ Shruthi

Case Nos: Rev.Pet Family Court No.15 Of 2026 C/W Writ Petition No.8159 Of 2024

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