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radhika (housewife)     01 June 2012

Difference b/w section 125 and section 24 hindu marriage act

i want to know is there any major difference between section 125 CRPC and section 24 under hindu marriage act?  

is section 125  is related to some criminal act .... ?



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 6 Replies

M.Sheik Mohammed Ali (advocate)     02 June 2012

Sec.24 for only hindus, 

Sec125 for all the people, even parents minor son, minor daugter are also claim this sec, and all the caste. and this section is speedy process.

Adv. Chandrasekhar (Advocate)     02 June 2012

Section 24 is a interim relief which can be granted during the pending proceedings in Hindu Marriage Act.  Once, case is over, Section 24 benefit will automatically stop.  It is available only for Hindus.

Section 125 Cr.P.C. is a permanent maintenance relief.  Even though this section is provided in criminal procedure code, it has got civil nature but the proceedings will be conducted similar to criminal case, i.e., a little bit quicker.  The relief once provided in Section 125 is valid till the wife remarries.  It is applicable to all religions.

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radhika (housewife)     03 June 2012

Thank you Sir, my husband has filed an RCR, which is a false case against me, as i hvae been driven out of the house, without any fault from my side, as his paretns wants him to re-marry, as a second marriage is lucky for their family even my mother in-law is also a second wife, which i got to know after my marraige.

As, I never wanted to be seprated or leave my matrimonila house. I think just to save himself he has filed an RCR. But i have a strongest evidence tht I hve been driven out.

So, tht is why i asked for section 125 n 24. Now, i will go ahead for Section 125. I want the quick proceedings. 

 

Adv. Chandrasekhar (Advocate)     03 June 2012

My advice is you file both Section 125 cr.P.c. and also Section 24.  As per the procedure, till section 24 application filed by you is not disposed, the court will not move further in RCR petition.  Once you get positive order in section 24, your husband will most probably withdraw RCR case.  Further, in section 24 application in addition to the maintenance during the pendency of petition, you will also be entitled to litigation expenses, which you have to spend in RCR case.  Sectin 125 case also you file and it will run independently and you will get maintenance there.

Ravi ranjanDwivedi (advocate)     29 January 2014

setion 24 and 125 crpc totally diffrent spehere summarzed

 

24. Maintenance Pendente lite and expenses proceedings.

Where in any proceeding under this Act it appears to the court that either the wife or the husband,

 as the case may be, has no independent

income sufficient for her or his support

and the necessary expenses of the proceeding,

 it may, on the application of the wife or the husband,

order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding

such sum as, having regard to the petitioner' s own income and the income of the respondent,

 it may seem to the court to be reasonable

while section 125 crpc

contain

willfull neglect

unable to maintain


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