Somendra Narayan Mukherjee (director) 06 August 2014

If a wife claim maintanence in 125 and sec 24 of divorce

If wife a claim her maintanence in sec 125 and as well as in sec 24 in divorce, then which one she is entitled to get ???? Is she eligible to get from both??

urgently needed a citation...please help...

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4 Replies

Laxmi Kant Joshi (Advocate ) 06 August 2014

A wife can get her maintenance amount u/s 125 crpc , if your other case is pending in the court then she can claim pendente lite and expenses of proceedings from you u/s 24 HMA .

Mobin Sayed (Lawyer) 06 August 2014

yes,i agree with joshiji

T. Kalaiselvan, Advocate (Advocate) 08 August 2014

There is no bar in she claiming maintenance in both the sections of law, one is criminal law and another civil law. If the maintenance amount has already been ordered in section 125 cr.P.C, the quantum of maintenance in section 24 of HMA will be reduced proportionately.