JASWANT VIJAY AGNIHOTRI (AIR ARMY) 16 December 2017

482 crpc quash in maintenance cases

if interim HMA24 amount passed at Rs 5000 in year 2014 in favour of wife and daughter and later wife filed 125 and DV in Oct 2017 (in 125 and DV no maintenance order passed and both cases are at summon stage, both are mentioned same story).

since hma 24 interim already passed, at this juncture can husband file quash of 125 and DV together. ? thanks with regards and awaiting your kind replies.

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4 Replies

Siddharth Srivastava (Advocate) 16 December 2017

The amount paid or awarded in proceeding u/s. 24 HMA shall stand adjusted in awarded maintenance u/s. 125 Cr.P.C. or under DV cases. As such all proceedings are distinct and can not be quashed u/s.482 Cr. P. C.

JASWANT VIJAY AGNIHOTRI (AIR ARMY) 17 December 2017

सर मैं चाहता हूं कि 125 घरेलू हिंसा में कोई आदेश होने से पहले ही इनको हाईकोर्ट से स्क्वैश करवा दिया जाए

JASWANT VIJAY AGNIHOTRI (AIR ARMY) 17 December 2017

मुझे 125 सीआरपीसी और घरेलू हिंसा दोनों केशों की कार्यवाही को रोकना और उन्हें मिटाना चाहते है

Vijay Raj Mahajan (Advocate) 19 December 2017

Maintenance case under section 125 Cr.P.C and DV complaint are independent matters where maintenance on long term basis will be decided whereas u/s 24 HMA only interim maintenance during the pendency of main petition is not decided is only allowed. The interim maintenance cannot be made as maintenance order on permanent basis under section 125 Cr.P.C nor under the DV Act nor under section 25 HMA, each petition is independent and has to be decided individually. That is another matter that amount of maintenance allowed in any of these mentioned provisions may be same in quantum, wife get only one amount of maintenance whichever is higher.

The High Court will not quash the application under section 125 Cr.P.C nor DV Complainant just on the ground that order for interim maintenance u/s 24 HMA was allowed to wife and daughter.