On the one hand, the petitioner claims that she is unable to maintain herself and she cannot afford to purchase even the basic necessities for survival and on the other hand, she is multiplying non-compulsive litigation against her husband. The petitioner had filed an application under Section 125 Cr.P.C. and a complaint under Section 12 of the Domestic Violence Act claiming maintenance. Although she had a legal right to institute numerous proceedings claiming maintenance under various statutory provisions but when she claims to be unable to maintain herself and afford even the basic necessities for survival, it does not appear to be proper to multiply non-compulsive litigation. Further, non filing of the suit for restitution of conjugal rights or divorce indicates that the petitioner is interested only in claiming maintenance from her husband before various fora and not in settling her disputes either way by restitution of her matrimonial status or by dissolution of her marriage. {Para 9}
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 4292 of 2026
Shashi Gupta Vs State Of U.P.
Coram: HON'BLE SUBHASH VIDYARTHI, J.
