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fighting back (exec)     20 August 2013

Does hma 24 order override 125 interim petition?

@ my query to all ld members....just want to know, For eg: if interim HMA24 amount passed at rs 2000

later: 125 passed for 3000

and DV interim maintainence passed at rs 5000

can she ask for the higher amount to be given to her, or since hma 24 interim already passed, this interim will override the other interim petitions in 125 and DV cases.

so is my understanding correct: interim amount in all cases will be for rs 2000, since hma 24 was passed first, and order copy was submitted in other interim cases

or

she will wait for DV interim and 125 interims to be passed, and then choose the higher amount.

 

Also, will the interim amount have any effect on the final maintainence amount? or it gets changed?

thanks and awaiting your kind replies



 6 Replies

shriks........... (healyhcare)     20 August 2013

1.nothing overrides even if it does in interims, wives always try for higher interim cases......i.e she would press for 5k in dv in your case.....greed for money is all whAT matters.....
2. thats \why i told you not to be overjoyed with 2k in 24hma......
3.now try finishn DV fast and try clubbing cases of rcr/divorce/125..........bcos she would prolong , feasting on your interims meanwhile......
4.dv ....i think runs faster so pay little in any of the maintenance caSes and get a appeal or stay of excecution on other......

1 Like

Adv k . mahesh (advocate)     20 August 2013

what happened in previous if you had submitted the order copy because you said in 

nterim HMA24 amount passed at rs 2000

 

after submitting order in 125

 

later: 125 passed for 3000

 

then after submitting order copy in dv 

 

DV interim maintainence passed at rs 5000

 

variation is there on what point such variation is accepted by court is the point 

 

for counter you can show any evidence what the court had accepted in hma 24 to grant interim maintenance at 2000

immedietelly file for stay 

fighting back (exec)     20 August 2013

@mahesh.....actually, i had given an example of amounts being passed in different courts. those figures were just given as examples by me, i just wanted to know, what if different amounts are passed in different cases, then which amount will be applicable,

at the moment, only hma 24 interim is passed at rs 2000, from date of order, other cases like 125 interim/final and DV are still going on by no order passed yet...

Adv k . mahesh (advocate)     20 August 2013

then the hma order will be in force and you can file the petition to club all the cases in one court and hear the matter so that different maintenance cannot be filed 

1 Like

fighting back (exec)     20 August 2013

@k mahesh....thank you very much for your detailed reply. appreciate your help and advice.

manzoor alam   04 January 2016

My query to ID members that Unde section 23 of DV act interim order passed for Rs.8000/ by session court on 04.072014, at the same time proceeding was going on for crpc 125 & order passed by family court on 24.07.2014 for Rs. 6000/- Afterwards I consulted many lawyers they told me to pay higher one ie 8000/-

Now till date I have deposited amount in family court @45000/- .Unfortunately not a single lawyer suggested me to go for quash.

My question is this after such along time  Should I go for quashment for one of the judgement?

If yes than on what grounds/delayed reasons?? 


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