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Amita   13 May 2018

Crpc 125 filed after hma 24 decided by the same court...

Hello, need some help.

Husband filed for divorce. Wife filed a counterclaim and an application for interim maintenance under Sec. 24, HMA. She completely suppressed her employment and salary information but had to accept before the Court once the husband brught all the records before the Court.

The Court then rejected her interim maintenance application. She challenged it before the High Court and then also soon filed another case under CrPC 125 with almost the same facts.

Question : Can an application be made for straightaway dismissal of this CrPC 125 application as it's abuse of the process as her interim maintenance was decided in a Civil suit by the same Court on merits ?

Thanks

 

 

 



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 2 Replies

sachin sharma (Advocate)     20 June 2018

No worries, u just need to file your reply explaining all the facts on which her sec 24 application was dismissed. For Crpc 125, first condition is "unable to maintain herself". If she is earning and educated, it means she is able to maintain herself. So, no maintenance.

sachin sharma (Advocate)     20 June 2018

No worries, u just need to file your reply explaining all the facts on which her sec 24 application was dismissed. For Crpc 125, first condition is "unable to maintain herself". If she is earning and educated, it means she is able to maintain herself. So, no maintenance.

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