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help_divorce (SC)     06 November 2010

Interim/Permanent Maintenance

What is the difference between maintenance claimed under Section 24/25 of HMA and Section 125 of CrPC?



 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 November 2010

Both are same.  Either wife can go to claim maintenance u/s 125 of Cr.P.C. or can claim in the matrimonal case  which is filed by the husband.

She has to claim it in only one case.

help_divorce (SC)     06 November 2010

If estranged wife has filed for divorce under 13(ia) of HMA, under which section can she claim intermin/permament maitenance? Is intemin maintenance same as maintenance - pendente lite?

Guest (Guest)     06 November 2010

A)  S. 125 is available to all the people who have come from different religions, i.e., hindus, muslims, christians etc.

a) S. 24/25 HMA is available only to hindus.

B) S.125 is available to aged parents also.

b) S.24/25 HMA is available only to the spouse and children.

C) S.125 can be filed at any time by the wife, children or old parents.

c) S.24 can be filed only during the pendency of the matrimonial litigation under HMA.  S.25 can be filed only after conclusion of the proceedings after decree is granted or at any later date.

D) The execution procedure is different in both the cases.

E) Section 24/25 can be filed either by husband or wife, who is in need of maintenance but S.125 is not available to husbands. 

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