Harshit Raj, Banaras Hindu University
Abhilasha vs Parkash1, 2020 SCC OnLine SC 736
In modern times various applications for maintenance are getting filed under section 125 Crpc. After filing an application under Crpc applicants want maintenance under their respective personal law. One of the most important reasons behind this is that Section 125 Provides a speedy trial and also imposes criminal liability on the person. Since personal law does not impose criminal liability and does not facilitate a speedy trial most applicants do not apply for the maintenance under the provisions of Personal Law. In the present case, it was decided by the court that if an application is filed under a certain provision of law then maintenance will be granted according to that procedure of law under which the application is filed.