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MUKESH GUPTA   06 April 2022

maintenance

Sir I am paying maint to wife in crpc 125 @ 10000 PM.Recently Family court ordered in sec 24 again 10000.So I have to pay in both the cases or in one case only.What I should do to avoid double jeopardy ?


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 8 Replies

anubhav Bhatt   06 April 2022

125 Cr.P.C. maintenance order is the separate order passed by the court and as per section 24 HMA 1955 its a lis pendent lite during the pendency of any other case relates to HMA 1955 so nothing wrong in this for more clarification you may contact us then I'll elaborate properly.

Dr J C Vashista (Advocate)     07 April 2022

Both the awards are different to each other for that you will have to pay Rs. 20,000/- pm, if not challanged and modified.

sridhar pasumarthy (ADVOCATE)     07 April 2022

Have you brought the order of maintenance in 125 crpc. by magistrate to the notice of the Family court 

MUKESH GUPTA   07 April 2022

sir if Divorce case is dismissed in default then will I have to pay maint in sec 24

Adv D P Jindal (Advocate)     07 April 2022

If the order is not "in addition to" you are not to pay both. Have you not bring this in the notice of court?

 

Palak batra   08 April 2022

Dear Querist,

 

Certain guidelines were laid by the Supreme Court in the case of Rajnesh vs neha on the issue of maintenance to wife. 

 

Basically, when it comes to the wife she can claim maintenance under different acts and the husband is bound to pay the same. 

 

Supreme Court further introduced some guidelines regarding the Issue of Overlapping Jurisdiction-

  1. If any successive claims are made by the party under different statutes. The court could consider whether to continue with the same amount or the party should be granted further amount. 

  2. Applicants are supposed to disclose all previous proceedings. 

  3. If any modification is to be made the party would be required to move the concerned court in the previous proceeding.

 

Regards,

Palak

 

laxmi kant joshi (instructor)     12 April 2022

If you are already paying the maintenance to your wife then you must bring this in the notice  of the court hearing u/s 24 hma .

Dr J C Vashista (Advocate)     21 April 2022

Maintenance u/s 24 HMA shall cease (not be paid) from the date when the case was dismissed in default.


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