Maintenance

Querist : Anonymous (Querist) 22 September 2010 This query is : Resolved
Is it necessary to file separate case for maintenance u/s 125 of CRPC or it sufies that petition filed u/s 13 for divorce having clause demanding alimony or maintenance? What is difference between the two?

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Adv Archana Deshmukh (Expert) 22 September 2010
There is no legal necessity to file a seperate case for maintainance u/s. 125 crpc, it may be resorted to if needed. Crpc 125 is a summery remedy, the case dispose of quickly and maintainance is awarded monthly. While parmanant alimony under HMA may be one time lumpsum or monthly.

pawan sharma (Expert) 22 September 2010
not necessary to file maintanance case. on this point i am agree with Adv. Archana.

Uma parameswaran (Expert) 22 September 2010
Both the law can invoke.( deepak shukla v savita shukal 1999 (2)HLR631)

Raj Kumar Makkad (Expert) 22 September 2010
Both petitions should separately filed. Under section 24 HMA, maintenance is awarded to wife till the decision of the petition whereas it remains continue even after decision of the petition filed under HMA till the date of death or remarriage whichever is earlier. So both petitions should be filed and in 125 Cr. P. C. petition, the petitioners may be wife as well as any minor child or major studying child living with her whereas it cannot be claimed under section 24 HMA.

Arvind Singh Chauhan (Expert) 22 September 2010
There is exact answer from Raj Sir.

Sarvesh Kumar Sharma Advocate (Expert) 22 September 2010
yes, mr. raj k makkad has discribed it clearly.

Guest (Expert) 22 September 2010
S. 125 is a ssecular provision. the people of every religious denommination can get the benefit of this provision. It is continuous in nature.

S.24 is avaialble to only hindus. It is available during the pendency of the main petition. Once petition is disposed off, the maintenance will be stopped.

S.25 is also available to only hindus. It is available only if the main petition is allowed. If main petition is dismissed, S.25 is not available.

Koumarish Bhattacharya (Expert) 22 September 2010
I do not think it is a question of necessity. It is the question of legality.
There is no bar in filing a suit for maintenance u/s 24 or 25 of the Hindu Marriage Act and filing a case u/s 125 Cr.P.Code at a time. But if maintenance is granted in one case, the intimation of the same may have adverse effect on the order of the other.

Devajyoti Barman (Expert) 22 September 2010
I agree.

Maintenance

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