Hi,

You may approach high court. 

Dear Client,

Above issue is pending before Supreme Court in which court had stayed maintenance u/s 125 CrpC and allowed under DV act. Court will not stay either proceeding but will allow one on maintain acne order. So, wait till maintenance order pass.

Hi 

Various high courts have held that  maintenance awarded under Section 125 of CrPC stands independently and in addition to the maintenance awarded under the Domestic Violence Act.

However, in January 2018, Supreme Court had admitted a special leave petition on this Issue (multiple maintenance), and has ordered the husband to pay the lowest of maintenance (i.e U/S125 wife was awarded Rs10000 per month and U/S DVC wife was awarded Rs8000-/-  per month) till such the time the appeal is heard and disposed. Please note supreme court has  not pronounced judgment in the said issue. 

So, you should contest the DVC Case on merits and also bring to the notice of the DVC court of the award of maintenance under Section 125 Cr.P.C and pray to the court Not to grant Interim maintenance till DVC petition is heard and disposed.

In case the DVC court passes any order, please move the high court and obtain stay of proceedings till Supreme Court decides on this matter. 

Hope this information is useful. 

See as per the current scenario wife can ask for maintenance under both the act and husband has to follow. A SLP (https://www.livelaw.in/husband-follow-maintenance-orders-crpc-domestic-violence-act-sc-issues-notice-read-order/) is pending before supreme court for adjudication. So in case the order under 125 crpc and DV both are passed get stay on one order from the high court.

No. S125 maintenance has no been decided in favor of your wife. Once your wife starts getting maintainence under DV, you can move application in s125 matter to quash it

The facts suggest matter is pending in court, without saying the legal case document, its difficult to say about your query.

You woukd not get any stay from HC 

2) wife is at liberty to file DV case seek maintenance 

3) court would consider maintenance awarded under section 125 cr pc while awarding maintenance under DV act 

1. No. You shall have to appear before the court hearing your DV case to submit that the application for maintenance amount  has already been filed by your wife u/s125 of Cr.P.C.which is yet to be decided.

2.Ordinarily, when maintenance has been clained in multiple courts, ordinarily the amount decided by the DV couret in this regard is upheld by the High Court.

She can claim maintenance in both matters you can't stop her but in her DV Petition she needs to disclose that she claimed it under 125 crpc

1. As per the information mentioned into he present query, makes it clear that she has been looking forward for double maintenance which can’t be allowed by court as need will remain same either you go for 125 or DV.
2. Yes, you should approach High Court under Section 482 in the Writ petition of Mandamus plus Certiorari as per Article 226 of Our Constitution of India seeking dismissal of any such relief.
3. You will surely get success before the Hon’ble High Court.

There is no use of approaching high court seeking to quash the DV case maintenance case because there is no legal infirmity in claiming maintenance under two different provisions of law.