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Multiple Maintenance under sec 24 and CrPC 125
12-Oct-2023 (In Divorce Law)
Dear Sir, Due my wife's intolerant torture, I have divorced. In turn she filed false 498a initially. Later the court where I filed divorce, she was granted 7k interim maintenance under sec 24 until disposal of divorce petition. She filed one more case DV with maintenance undersec 125 crpc. Is it legally allowed seek maintenance under two different section?
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
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
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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What is the latest Judgement on interim maintenance to wife?
New Delhi: A recent court decision upheld the provision of interim maintenance under the Protection of Women from Domestic Violence Act. This highlights the courts right to issue just and proper directives. 24 Oct 2023
Is qualified wife not entitled to maintenance from husband?
The Delhi High Court recently ruled that where both spouses have equal qualifications and earnings, the wife cannot be awarded interim maintenance under Section 24 of Hindu Marriage Act, 2005. 19 Oct 2023
What is the amount of interim maintenance?
The court, taking into account the incomes of both the wife and husband and also the fact that they must share the responsibility for the upkeep of the child equally, decided that Rs. The court decided that the interim maintenance of Rs. 25,000 per month. 16 Oct 2023
What is the Supreme Court Judgement about educated wife maintenance?
Shankar Ghosh, wherein the HC ruled that a woman cannot be entitled maintenance from her husband if she is highly-qualified and has earned even after marriage, despite the fact she did not disclose her true income. 9 Oct 2023
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.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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