Hma 24 & crpc 125

Abhimanyu (Querist) 09 November 2014 This query is : Resolved
1. My Wife put her Divorce Application in Oct 2013. but She filed HMA 24 Application separately in May 2014.

Husband opposed the HMA as capable of earning & presently working. She was working before marriage & husband ready to maintain her as he already have EX-partee RCR decree in his favour.
In the court also wife saying that she want divorce & do not want to join husband.

Inspite of this Judge passed the HMA 24 order in summary manner of Rs 1500/- from October 2013. After husband presented review application with all wife's job proof, for the HMA 24 order, judge rejected review application with Cost of RS 2000/-

Can the HMA 24 be decided in Summary Manner? and this order from Oct 13 is maintainable?
Isn't it wrong as wife applied separately in May 2014.

2. Husband paid wife Rs 6000/- as Interim maintenance under HMA 24, and submit the payment proof in CrPC 125 requesting Stay of proceedings in CrPC 125, as wife already getting maintainence under HMA 24, but the CrPC 125 Judge also rejected this application.

Please answer is CrPC 125 maintainable after wife get interim in HMA 24?

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ROHIT SHARMA (Expert) 09 November 2014
1. CrPC 125 is not maintainable after wife get interim in HMA 24. You need to file an appeal before the sessions court against the order of the family court order u/s 24 H.M.A.

Kappil Cchandna (Expert) 09 November 2014
Dear,

CrPC 125 is an independent right hence maintainable, but the court will take into consideration amount of maintenance allowed in 24 HMA.... Yes file appeal against 24 order.

Adv kapil chandna, 9899011450

Devajyoti Barman (Expert) 09 November 2014
1. Section 24 HMA is often decided summarily and there is no illegality in it.

2. both 125 crpc and 24 HMA can lie simultaneously or separately. There is also no illegality in it.

However amount passed in both proceedings get adjusted with each other and the higher between the two is liable to be paid.