A single judge bench of AP High Court held as follows,
From Para 9,
Ragimani Gangadhar Vs Ragimani Padmavathi and Anr on 08 Sep 20229. This Court has gone through the said judgment. It did not hold that simultaneous proceedings under different enactments cannot be made. In fixing quantum of maintenance, it would be relevant in bringing to notice of the Court about filing of parallel proceedings for maintenance.
Further the learned counsel for the petitioner relied upon the judgment of the Apex Court in Rajnesh Vs Neha 2, it is held,
“Directions on overlapping jurisdictions: It is well settled that a wife can make a claim for maintenance under different statutes. For instance, there is no bar to seek maintenance both under the D.V.Act and Section 125 of the Cr.P.C., or under H.M.A. It would, however, be inequitable to direct the husband to pay maintenance under each of the proceedings, independent of the relief granted in a previous proceeding. If maintenance is awarded to the wife in a previously instituted proceeding, she is under a legal obligation to disclose the same in a subsequent proceeding for maintenance, which may be filed under another enactment. While deciding the quantum of maintenance in the subsequent proceeding, the civil court/family court shall take into account the maintenance awarded in any previously instituted proceeding, and determine the maintenance payable to the claimant.
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 proceeding.”
Citations : 2022 Latest Caselaw 6521 AP
Other Sources:
https://indiankanoon.org/doc/70415177/
https://www.latestlaws.com/judgements/andhra-high-court/2022/september/2022-latest-caselaw-6521-ap
https://www.the-laws.com/Encyclopedia/browse/Case?CaseId=402202795000&Title=RAGIMANI-GANGADHAR-Vs.-RAGIMANI-PADMAVATHI
https://supremetoday.ai/doc/judgement/00200055810
Index of Domestic Violence cases is here.