Section 36 - Special Marriage Act, 1954
Maintenance – Overlapping jurisdiction
Special Marriage Act, 1954 (43 of 1954) Section 36, 37 – Hindu Marriage Act, 1955 (25 of 1955) Section 24, 25 – Hindu Adoption and Maintenance Act, 1956 (78 of 1956) Section 18 – Criminal Procedure Code, 1974 (II of 1974) Section 125 – Protection of Women from Domestic Violence Act, 2005 (43 of 2005) Section 2– Maintenance – Overlapping jurisdiction – To overcome the issue of overlapping jurisdiction, and avoid conflicting orders being passed in different proceedings, we direct that in a subsequent maintenance proceeding, the applicant shall disclose the previous maintenance proceeding, and the orders passed therein, so that the Court would take into consideration the maintenance already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount - If the order passed in the previous proceeding requires any modification or variation, the party would be required to move the concerned court in the previous proceedings. (2020)200 PLR 793 (SC)