Overlapping Matrimonial Maintenance: How Courts Adjust Payments Under DV Act, 125 CrPC & 24 HMA

The Multiplicity Trap in Maintenance Litigation

A common problem in matrimonial litigation is the filing of parallel maintenance petitions: under Section 125 CrPC (now Section 144 BNSS), Section 12/23 of the Domestic Violence Act, and Section 24 of the Hindu Marriage Act. If the orders aren't adjusted against each other, the total can exceed what the husband earns.

1. Adjustment Under Rajnesh v. Neha

In Rajnesh v. Neha (2020) 10 SCC 733, the Supreme Court of India laid down mandatory pan-India guidelines regarding the disclosure of assets and liabilities and the mandatory set-off of maintenance awards:

"While the wife is entitled to seek maintenance under multiple statutes, the husband cannot be directed to pay maintenance independently under each enactment. The court granting subsequent maintenance must take into account and adjust the maintenance awarded in previous proceedings."

2. Allahabad High Court Enforcement & Judicial Circulars

The High Court of Judicature at Allahabad has strictly directed Family Courts and Magistrate Courts across Uttar Pradesh (including Ghaziabad and Gautam Budh Nagar) that:

• Mandatory Disclosure Affidavit: Both husband and wife must submit standard-format affidavits declaring all bank accounts, ITRs for 3 years, loan liabilities, and lifestyle expenses.
• Concealment Penalties (Section 340 CrPC): If a spouse conceals independent earning capacity, bank balances, or job qualifications, proceedings under Section 340 CrPC can be sought.
• Set-Off Enforceability: Any interim amount paid in the Family Court under Section 24 HMA must be directly deducted from claims raised before the Judicial Magistrate under Section 125 or DV Act.

3. Preparing a Maintenance Defence

A maintenance defence is built on the record: bank statements, the assets and liabilities affidavit, proof of loans and other dependants, and adjustment applications where orders overlap. The court fixes the amount on that record.