Multiple Maintenance under sec 24 and CrPC 125

987 votes

Hi, Maintenance can be filed under any one section only and not otherwise. Since your wife has already been awarded maintenace in divorce case she cannot claim maintenance under 125 cr.p.c. u need to file a quash petition to quash the 125 cr.p.c petition

Advocate Rajagopalan LawRato

708 votes

Yes, it is legally allowed for a wife to seek maintenance from husband under two different sections. There is no stopping her from doing so. Please note that grant of interim maintenance under Section 24 of the Hindu Marriage Act is in itself not a ground for rejecting a petition filed under Section 125 of the Code of Criminal Procedure. As per maintenance laws in India, if a woman has already claimed maintenance under section 24 of the Hindu Marriage Act, 1955, she can legally claim maintenance under section 125 of Cr.P.C simultaneously. Courts have, in several judgments, ruled that remedy under section 125 and Sec. 24 of Hindu Marriage Act, 1955 are independent and not relevant to each other.There is no conflict between the two provisions. A person may sue for maintenance under section 125 of Cr.P.C. If a person has already obtained maintenance order under his or her personal law, the magistrate while fixing the amount of maintenance may take that into consideration while fixing the quantum of maintenance under the Code.

Advocate B. Srikiran LawRato