maintenance us 125

Priyanka mehta (Querist) 03 July 2010 This query is : Resolved
husband has filed petition for restitution of conjugal right but wife has sufficient reasons to live separate from husband and have also lodged sec 498a against husband..
can she claim maintenance under sec 125 of crpc? or it is good to claim maintenance U/s24 of HMA

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Chanchal Nag Chowdhury (Expert) 03 July 2010
She can claim maintenance under both. However, it is advisable to proceed under HMA.

Raj Kumar Makkad (Expert) 03 July 2010
She has got legal right to claim under both sections but she shall be granted the payment only in one case for the same period which is more. I advise to claim under both sections because section 24 HMA shall cease immediately on decision of petition under section 9 of HMA whereas 125 Cr. PC shall go on even thereafter.