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charanjit singh   28 February 2019

maintenance

my wife has been awarded maintenance in two sections underb125 and hma 24. I have appealed against both of them in session court and high court. In a recent judgement the honorable supreme court has ruled that after passing of maintenance order sec 24 order under 125 is superseded and does not hold the field.My query is can I use this in argument in revision of 125 and request judge to set off the order under 125 against 24 hma?


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Suhail suhail

Suhail suhail (LAWYER)     28 February 2019

yes ,that is correct ratio from the judgment   Sanjay Kumar Sinha vs Asha Kumari (SCC) .The mantenance order under section 24 HMA shall prevail .

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Adv Deepak Joshi +917017821512

Adv Deepak Joshi +917017821512 (Advocate)     28 February 2019

Dear querist,

 

The judgments of apex courts are as per facts and circumstances of each case.

In general there is no bar as such but the maintenance awarded must not more than financial capacities and liabilities of husband.

 

 

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600


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