125 crpc

Shivam 27 January 2016

Mrs. Renuka,

Thanks for your immediate response. You are right i filed divorce and my wife filed 24 HMA and 125 CrPC application. At the time of deciding interim maintenance judge closed two application filed by my wife. You are absolutely right that if she's getting money why should she come to court. However my question is where i can file section 21B application in family court or HC. Please guide .

Thanks in advance

(Guest)

I need to know in what court is your case.....

Shivam 27 January 2016

Sonipat (Haryana)

(Guest)

ok and case number. i am a lawyer if you dont want to disclose here give me private message.

thnks

Sidharth 28 January 2016

Dear Quriest,

In your question you wrote you are giving maintenance u/s 125 crpc

And when you replied to Mrs Renuka you said you are paying maintenance u/s 24 HMA

Please reconfirm your details.

1 Like

Shivam 29 January 2016

Sidharth Sir,

My wife file two application for manintenance u/s 125 CrpC and 24 HMA. Judge have closed both the application and announce one common order.

Sidharth 29 January 2016

Hi...

Shivam must be paying maintenance u/s 125crpc. Judge hearing sec24 cannot close any application of sec 125crpc.

As per your query regarding divorce you should file application to declare respondent X party as she is no appearing in court . It's advisable to file application in the same court before going to HC.

1 Like

Shivam 29 January 2016

Sidharth Sir,

Request you help me in getting format to declare respondent ex-parte. Second can i file exparte application before next date of hearing. Please advice.

Sidharth 29 January 2016

Yes, legally you can give application for X party orders before date of hearing. But it is NOT advisable because if you give application, court will issue summon to respondent. And it's obvious she will come.

So it is advisable to give this application or verbally request to judge on next date.

(Guest)

section 24 Maintenance pendente lite and expenses of proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: 54[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.

scetion 125 crpc

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-

(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;

(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such

Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.

(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

ANT DIFFERNCE BETWEEN THOSE SECTION?? DO ANY ONE THING IS IT DOUBLE JEOPARDY??????????????