Rejection of Maintenance Application in Divorce Proceeding No Bar for Maintenance under Section 125 Cr.P.C.: Delhi HC

A petition for quashing maintenance petition under Section 125 Cr.P.C., 1973 on the ground that divorce petition was still pending and application for maintenance in the divorce petition was rejected was dismissed by the Delhi High Court (‘DHC’). The DHC further held “Pendency of a petition for divorce and rejection of an application for maintenance in such petition, would not disentitle the respondent to seek maintenance under Section 125 Cr.P.C. looking at its scope and ambit.”