Crpc 125 and HMA 24

If wife getting maintenance money in crpc 125 then , she can file HMA 24 for another maintenance if husband ask for divorce? She can get two maintenance ? if yes why?

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Zeta Teresa Pereira 13 January 2020

Dear Sir,

The wife cannot claim maintenance under CRPC section 125 as well as the Hindu Marriage Act. This is because of the doctrine of jeopardy which says that no man shall be put twice in peril for the same offence. She has the option of choosing either one of the reliefs and not both. But the scope of maintenance under CRPC is wider.

Hope this clears your doubt.

Regards,

Zeta