| Originally posted by : Madhu ojha |
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I applied for divorce in Civil court of Jamnagar after My wife applied for maintenance under Cr PC 125 She also applied for maintenance under sec 24 of HMA in my divorce petiton Court ordered me to pay maintenance under both the cases According to Judgement of Supreme court in Sandip Choudhry case one has to pay maintenance under one law and the amount is to be adjusted with amount under the other law. Now my divorce petition is rejected after more than 10 years. Even the Divorce is rejected the family court judge awarded Rs 20,000 per month to my wife as maintenance under section 25 of HMA Can maintenance be awarded under sec 25 of HMA if the divorce application is rejected Pl clarify on this point with appropriate citations
Thank you
Dr M M Oza |
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Divorce is different matter, maintenance is different matter.
What the court has done is correct, have full belief in the courts order.
Maintenance can be ordered until pendency of case u/s 24 Hindu marriage act and also 25 which is permanent in nature. Dues if any should be cleared or else warrant will be issued and you go jail, and be in jail till you clear such dues. All this is legal.
What I advise is, at your age, adjust with wife, no point in fighting matrimonial dispute in court of law, its only waste of time as you should have observed by now after losing 10 years.
Compromise with wife is what I suggest.
No need of citations for this.
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