
Case Law Analysis
|Bombay High Court
Section 125 CrPC & DV Act | Maintenance Orders Must Be Adjusted via Set-Off to Prevent Double Recovery : Bombay HC (Nagpur Bench)
The Bombay High Court mandates that maintenance awarded under Section 125 CrPC and the Domestic Violence Act must be offset against each other to avoid unjust enrichment, ensuring the wife’s standard of living is preserved without duplicative financial burden on the husband. This ruling establishes a binding precedent for family courts across Maharashtra to harmonize concurrent maintenance orders under both statutes.