Divorce and maintenance

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From the discussions all thru, can it be inferred that if the girl is getting interim maintenance in 498a case(granted during the bail proceeding of the boy), she is not entitled to get any mantenence under 125 or HMA 24?.

Please correct my understanding.

MyCent, 

Your Idea is wrong.

498A is a criminal case and she cannot get maintenance from 498A.

She has to file 125 CrpC OR DV or file application u.s 24 HMA along with Divorce petition for getting maintenance. 

Also note that, HMA 24 cannot be filed Independently, it has to be accompanied by either Divorce petition or application under section 9 of HMA (Restitution of Conjugal Rights) or any other matrimonial case (Please correct me if I am wrong)

Also, A wife cannot claim maintenance, for more than once cases, it has to be either 125, DV or section 24 HMA

Ranbir

Thx Ranbir !

In my case, at the time of granting bail in 498a case, the magistrate levied a sum of Rs. xx/- to be given per month, as interim maintenance to my wife. Having said this, is she still entitled to file maintenance under 125 or HMA 24  (Divorce case is also running parallely).

- mycent.

mycent,

such condition is illegal. Yes, she can claim money in other sections too.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Background: Boy and Girl are both from Punjab. Arranged marriage solemnized in Punjab 5 yrs earlier. Boy was working in Pune from before marriage. Both came and resided in Pune as husband and wife. Since wedding minor quarrels were there, wife would go to Punjab for months at a time and would always return only after lot of talking. Finally about 1 year ago wife ransacked house and left Pune. No complaints from either side were filed. Rather than going to Punjab wife went to Delhi to her relatives and filed for 125 (Maintenance) after about a year of separation, Putting all the allegations of 498, 406  etc. However the case was filed under 125. Husband is still in two minds about what to do.

Here is an update in the tale now.

Just today I've found out that Girl also filed for divorce seperately in Delhi. Husband has not got any summons / notice yet hence not sure on what grounds divorce is seeked. I am assuming Cruelity & Desertion. So now there are two cases one for maintenance & other for divorce.

Guy is agreeable for divorce mentally but is yet to respond to any of the above two cases, Hence the stance isn't final.

My thought is to tell him to Contest both the cases (Deny all the allegations and oppose her claims for 125 & Divorce) and try to get it settled during mediation once and for all (push to pay one time alimony and move on). He loves his wife but is also fed up with her extortion tactics.

What do you learned folks suggest as the best strategy to counter these two cases? What stance should boy take and maintain?

:-) File reply by refuting all allegations, the case would be referred to mediation, try to close the case there.