maintainace

This query is : Resolved 
 

(Querist)
22 August 2009

hello all learned experts
a lady got maintances orde u/s 125 of crpc she alsofro got maintance hmp u/s 24 of hindu mairrage act she also got the maintance from the spl civil application from the hindu adoption and maintance ? whehter is she has right to take maintance from the three sides as per the law being a single individual can we file the writ regarding the relief for the pay only on side maintance pls giuide thanks


SANJAY DIXIT (Expert)
22 August 2009

Dear PRAKASHCHANDRA MARU,
In India, specially in Hindu law their are various provisions for maintenance.
As you laid down its 125 CRPC, 24 HMAct, 18 HAMAct etc.
But the real provision amongst all of them is that maintenance for wife may be awarded in various applications/ petitions, but it will be adjusted and to be paid in one amongst all which is the highest or which was awarded earliest.

Adinath@Avinash Patil (Expert)
23 August 2009

Mr.Dixit is right I agrry with him.

Y V Vishweshwar Rao (Expert)
23 August 2009

I agree with Mr Sanjay Dixit !


Miantance under the above three provisions can not be a separate right to claim deferently and on three accounts . All the orders have to be restricted to financial Status of the Person liable to pay maintenance -

Sarvesh Kumar Sharma Advocate (Expert)
23 August 2009

prakash ji,
u should file d revision of d order u/s-125
and file certify copy of all d mantinences
and argu dt d lady is greedy and taking mantinences ........

Ravi Arora (Expert)
23 August 2009

do agree with mr dixit

Kamal Grover (Expert)
23 August 2009

Mr.Dixit is very right. you can file a revision petition or stop any two payments and court will not insist you to pay.
Your further clarification is welcome at;
adv.kamal.grover@gmail.com
M: 09814110005 (Chandigarh) (India)
Regards

Kiran Kumar (Expert)
23 August 2009

sorry to interfere here,

the payments can be adjusted not stopped.

otherwise i agree with Mr. Dixit.



Guest (Expert)
23 August 2009

The mute question is that in the latest maintenance order, whether the court has taken into consideratin of the maintenance relief given in other two maintenance applications or not. Another question that arises also is that whether the parties brought to the notice of the court about the maintenance awarded in earlier two occasions under different statutes. If the answer is yes to the above questions, the latest maintenance order and the previous two orders would prevail. If the answer is "no", the fact has to be brought to the court's notice and the consolidated maintenance (after appropriately adjusting according to the facts of the case) can be sought out.



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