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Kishore Malhotra (Govt Job)     25 December 2014

Maintenance under sec 125 of cr pc & 24 hma

Dear Sirs,

 

One of my friend defending case filed by his wife for maintenance under Sec 125 of CrPC. After he failed in RCR and MCD he filed Divorce case.  The case filed by his wife under Sec 125 has not yet been decided for interim maintenance.  However, in written statement in response to Divorce she again asked Maintenance under Sec 24 of HMA.   As it is is already clear that multiple maintenance can be granted by the court, my querry is, should it be appropriate to mention abt interim maintenance case under Sec 125 in counter reply to WS filed by her wife in divorce case.  It is submitted that the case is filed for divorce on the basis of mental cruelty and desertion.  And whether Court will grant interim immediately under Sec 24 without hearing to the petitioner.



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 December 2014

Dear, No problem mentioning the same .... Court while granting maintenance will take into consideration all the other cases pending and pass orders accordingly .... Kapil Chandna Adv. 9899011450

N R Dash.. (Advocate)     25 December 2014

No court shall grant maintenance without giving you chance to defend yourself & file objection. You can always mention the same in your WS. 

If she can prove that you have been deliberately avoiding, the court may grant her interim maintenance without even hearing you. However, you can always appeal in High Court challenging the judgement.



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