Maintenance can claim under section 24 of hma when already decide under sec. 125 cr pc

This query is : Resolved 

06 August 2012

with due respect i want to know one thing a lady file application under section 125 in district court and the same is allow the maintenance of \ Rs. 2000/- per month and she not went into appeal against the order of Ld. Court which was passed on application under section 125. later on her husband filed divorce petition which is dismissed by the District Court then husband went into appeal before the Hon`ble High Court there wife filed her reply along with application under Sec.24 and Hon`ble High Court fixed the maintenance Rs. 5000/- per month. her husband is a junior advocate and enrolled as a advocate in 2009 and practicing in district court.
Now my query is that can wife entitle get maintenance under section 24 when her maintenance already become final under section 125.
A male child is in custody of his father and husband have responsibility of his old mother and father. no other alternate source of income with husband.
if any rulling of Hon`ble S.C on this point pls submit the same.

ajay sethi (Expert)
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06 August 2012

was the attention of court drawn tot he fact that maintenance of rs 2000 per month ahd already been awarded under section 125 Cr pc. the high court would have considered the said fact while awarding maintenance

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