Aditya Mathur (Job) 19 March 2018

Can wife get maintainnce under CRPC 125 and HMA24 both.

I have been giving maintainnce under section HMA 24 for last 4 months.
Now wife filled maintainnce under sec 125 C.R.P.C.

Can wife get maintainnce in both cases ?

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5 Replies

Vijay Raj Mahajan (Advocate) 19 March 2018

Yes she may be allowed maintenance in the new case too under section 125 Cr. P. C, however she will be entitled to get only one maintenance amount which is higher.

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sai narayana 20 March 2018

HMA24 is for pendency of a case and CrPC 125 is till her remarriage or death or MCD between both of you

Srinivas Advocate 19 April 2018

Yes and But.
yes, woman has already claimed maintenance under section 24 of the Hindu Marriage Act, 1955, she can legally claim maintenance under section 125 of Cr.P.C simultaneously. Courts have, in
several judgments.
BUT, Maintenance can be filed under any one section only and not otherwise. Since your wife has already been awarded maintenace in divorce case she cannot claim maintenance under 125 cr.p.c. u need to file a quash petition to quash the 125 cr.p.c petition.- Adv Srinivas. 7022117777.