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Impact of sec 9 hm act on 125

This query is : Resolved 
 

Online (Querist)
17 April 2013

Respected Seniors,
Proceeding under 125 Cr.P.C & Sec 9 HM Act is going on. Matter of 125 is at concluding stage.

I have to pary to court to stay the 125 up to the decision of Sec 9. AS if under 125 court finds that wife has reasonable cause to leave matrimonial home and maintenance is granted, but later if in Sec 9 civil court finds that wife has no reasonable cause to live apart. Civil court's finding will prevail over criminal court's finding.

plz refer case law favouring me on this point to stay the proceeding of 125.


n.k.sarin (Expert)
17 April 2013

dear Arvind,you have to face the proceeding u/s 125 cr.p.c. OP can also file proceeding u/s 24 of the HMA against you.civil court's finding will not prevail over criminal court's finding.

Raj Kumar MakkadOnline (Expert)
17 April 2013

These two proceedings are separate hence shall run as usual. You shall have to pay maintenance under one proceeding for the same period.



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