|Originally posted by : tarun
The maintence under Sec 24 of Hindu marriage Act is rejected by Family court & on the same documents is she entitled for maintence under Sec 23 of PWDV....Can i have light on this plz & if possible any judgement regarding this.
Section 24 of HMA is gender neutral, however, Section 23 of DVA is gender biased and unconstitutional.
This section not only violates Article 14 (Equality before law and equal protection from) but also violates Article 15(3) of Indian constitution as this provision gives neither power to abridge Article 14 nor discriminate anything which is maintained out of private fund (like alimony/maintenance etc. are paid out of husband’s private fund.) to the state (Indian Govt.)
Moreover, this Section 23 of DVA provision seems to give autocrat power to the magistrate to ex-pate an interim order out of his/her own thinking without considering any evidence – this practice is not only unconstitutional but also against the concept of jurisprudence.
That is the reason you got two separate contradictory orders for the same case merit. – Very funny and unscientific Indian legal system where injustice prevails over justice in the temple of justice and “Dacoity” wins.
Considering the above facts and contradictory orders you should file appeal (under Article 227 of Indian Constitution) on High Court of your state. It is better to file party-in-person (Without advocate).