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JASWANT VIJAY AGNIHOTRI (AIR ARMY)     23 December 2017

Due maintenance u/s 24 hma 1.5 lakh @5k/pm & in 125 increase

Respected sir,

DJ court allowed wife + daughter maintenance application u/s 24 @ 5000/pm in year 2014 amd wife is not attending court regularly and all amount due to pay has reached @ 180000/- . now wife filed in 2017 - DV and 125 on me.

What will happen in due amount and what will be recovery process in HMA 24 ?

(if any magistrate court in DV and any Family Court in 125 allows maintenance application more than 5000/- as interim or final maintenance.?)

How to fight against interim or final in DV and 125 and what should be best arguments? 



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 5 Replies

Vijay Raj Mahajan (Advocate)     23 December 2017

Interim maintenance u/s 24 HMA is temporary and maintenance u/s 125 Cr.P.C is permanent based on various issues to be considered by the court and it may be same or different amount as already decided. The courts usually allow same amount in all maintenance cases and as only one maintenance is allowed to be given to wife and children any number of cases consider this issue hardly matter. The amount of maintenance not taken by wife till date should be given to her and this be brought on record so that all courts where the matters are pending get good opinion about the husband. The husband who seek divorce from wife cannot even plead that he's ready to keep her with him in same shared house nor maintain conjugal relationship so the courts in both DV as well S 125 cases allow maintenance to wife and children. The defense of husband in both these cases is to agree for amount of maintenance and let the courts decide cases based on his agreed amount rather going in details on merits in both cases.

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     23 December 2017

sir can we file writ in HC to quash the 125 and DV application on ground that wife is already getting interim maintenance.

(Guest)
Originally posted by : JASWANT VIJAY AGNIHOTRI
Respected sir,

DJ court allowed wife + daughter maintenance application u/s 24 @ 5000/pm in year 2014 amd wife is not attending court regularly and all amount due to pay has reached @ 180000/- . now wife filed in 2017 - DV and 125 on me.

What will happen in due amount and what will be recovery process in HMA 24 ?

(if any magistrate court in DV and any Family Court in 125 allows maintenance application more than 5000/- as interim or final maintenance.?)

How to fight against interim or final in DV and 125 and what should be best arguments? 

You are great.  Court should have awared you some medal by now.

You have posted varoius questions on same issue 526 times till now.

Some 16 people have liked your repiles? That makes you really great.

Inspite of 526 questions and 1000s of answers you are still asking whether you should go to HC for appeal?

How pathetic can men get?

You cant take care of wife and daughter, why did you marry then? You will go to jail. If I was judge I would have sent you to jail by now.


(Guest)

And whom are you pointing gun at?

Why do you keep coming up with new names each time? Fraduster?

https://www.lawyersclubindia.com/forum/Interim-maintenance-under-sec-24-and-26-111680.asp

Sachin (N.A)     23 December 2017

Originally posted by : JASWANT VIJAY AGNIHOTRI
sir can we file writ in HC to quash the 125 and DV application on ground that wife is already getting interim maintenance.

 

You cannot file quash on the ground that you are already paying interim maintenance becasue reliefs in these sections are diffrent/

Sec 24 is for maintenace during case proceedings

Sec 125 CrPC is for permanent maintenace.

DV act are for various reliefs like right to reside etc

But because interim relief is common in all these sections you can pray for rejection of interim maintenace application in trial court on the ground that you are already paying interim maintenace.


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