Krishna (na) 26 January 2013

Hma 24, cr.p c 125 & dv are running

Dear All, Girl filed s24,s125 & DV with same pleading and asking for the same relief in same court. She had filed false affidiavit and conceal facts of her previous employement and qualification. Section 24 arguments are pending for interim arguments. My counsil said that she will not get any maintenance as we have a strong evidence abt her previous work experience and she also hide her actual qualification from court. My question are as follows. IF i get relief from court in Sect- 24 on basis of above mention facts can court grant maintenance in another two cases (e.g 125 & DV) . However sec24 and sec125 are parallels running in same court and also get the same hearing date. please advise

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2 Replies

Neelam Narania (partner) 26 January 2013

Hello Krishna,

Definitely you will be able to get relief in Sec 24 H.M.act 1955 as well as Sec 125 Cr.P.C. Only you need to prove about her being financial independent enough to take care of herself.

With regards,

Adv. Neelam Narania

A . K . SETH (ADVOCATE--LEGAL ADVISOR) 27 January 2013

Dear Krishan, her job earnings would help to lessen financial burden on you. But you won't be finding escape from your liability. Job of lady is no bar on her getting Maintenance u/s 125. It is settled law.

However, she would be getting separate monetary reliefs u/s 125 Cr.P.C. and Sec.12 of DV Act. Both reliefs will be operative in her favor simultaneously. You will have to satisfy both verdicts of the Courts.

--------akseth advocate :::: aksethadvct@gmail.com