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Wife claim maintenance under 125 CrPc & section 24 of HMA
16-Mar-2023 (In Divorce Law)
Can wife claim maintaince under CRPC 125 if she is already getting maintainance under HMA 24 ? Is this below judgment of SC says that Prevent Interim maintainace under sec 125 if case is going on in HMA 24 https://indiankanoon.org/doc/1162687/ Please help, if this judgment could be used to reject 125 petation, i have read it but not able to undersand completely.
Section 24 of H M Act comes in to play when any proceedings under H M Act is going on. After completion of proceedings , this section would not be applicable. During proceedings , if any going on, maintenance can be given under both the sections. But after final judgment, only under one provision will be applicable, whichever is larger amount
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Adv. Prem Singh
Patna | 200+ Answers
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Draft of application under Section 24 of Hindu Marriage Act
Landmark Judgments on Section 24 of Hindu Marriage Act
Execution of order under Section 24 of Hindu Marriage Act
Hindu Marriage Act section 24 in marathi
how long does maintenance case take in india?
Section 24 of Hindu Marriage Act PDF
Section 24 of Hindu Marriage Act latest judgements
R u getting interim maintenance under sec. 24 of HMA? If that is so then you can not claim or get the same under 125 of CRPC. Because you can not claim or ask relief/remedy by taking recourse of two Act. Moreover, getting maintenance under HMA is better than 125 of CRPC.
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Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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wife is not supposed to take maintenance from two places. You can make a prayer before the court that she is already getting pension from one court therefore this separate maintenance petition has become infructious or does not require to pass a seperate order of maintenance.
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Adv. Sanjay Kumar
Patna | 25+ Answers
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As for as I know, wife can not file petition for maintenance u/s 125 CRPC if she getting maintenance u/s 24 of HMA. How ever, i have not gone through the judgement reffered to by you I will find out the copy of the judgement and answers you in detail after reading the judgement.
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Adv. Ritu Sinha
Gaya | 25+ Answers
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Listen to this: b) According to section 24 of the Hindu Marriage Act, maintenance will only be paid for the duration that the case is being litigated. However, under section 125 Cr. P.C. maintenance is permanent. Section 24 of the Hindu Marriage Act allows only husband and spouse to claim maintenance. Section 125 of the Cr.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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