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Munirathnam (Scientist)     28 April 2010

Maintenance in CrPC-125 & HMA-24

Hi,

 

My wife filed CrPC-125 case. She also filed interim application in that.

Now I am planning to file Divorce U/s 13(1) of HMA. My questions to all as follows:

 

 

1. Can she again ask for interim maintenance in the Divorce case?

 

 

2. If wife loose CrPC-125, later can she claim interim in divroce case?

 

 

3. Can she again ask for maintenance (final) in Divorce case while CrPC-125 case is running?

 

 

4. If wife loose CrPC-125 (I believe I will win it) case can she ask and get maintenacne (final) in Divorce case?

 

 

5. Does wife is eligible for two interim maintenances at the same time?

 

 

Kindly advice me...



Learning

 5 Replies

Pankaj Mehta (Advocate)     29 April 2010

Indian laws are generally more sympathatatic and liberal to women in comparison to men, specially in maintenance related cases, A women is at her liberty to file applications under section 125 crpc, Section 24 & 25 of Hindu marriage act and under domestic violence Act simultaniously.     

If u choose to file a divorce application under section 13 of HM Act, ur wife can definately file a application under section 24 or 25 of the said act and this application shall be disposed off within sixty days of filing, but here the relief comes, whatever maintenance amount get decided in favor of ur wife, it will be calculated and adjusted into final amount ordered under section 125 crpc, you will have to specifically elaborate and plead in proceedings of HM Act or DV Act that other maintenance proceedings are also pending against u, Many citations and leading case laws are available in DMC and other journals.

Remember one more thing that divorced wife is also entitled for maintenance till she remarry, even if she found of loose character, having suffiecient means or had made cruelity against u, So always engage a good civil lawyer, because these kind of cases always rely upon evidence of both parties and good cross examination.    

valentine (Advocate)     29 April 2010

Mr. Mehta,

You have erred in writing "even if she found of loose character" if you have denoted adultery by that. In case of adultery it is written "if she is living in adultery" she is not entitled to maintenance. This is an exception to the rule of maintenance allowance u/s 125 crprc.

Pankaj Mehta (Advocate)     29 April 2010

Mr.Valentine,

thanx for the comment and remembering me of my verbal sense, But i didn't made a bluff here, please refer to 1999(1) Rajasthan Criminal Cases, Page 700, in which it was held by the honible Rajasthan high court that having illicit relations by wife can not be a ground for disallowing wife's claim for maintenance.

Munirathnam (Scientist)     30 April 2010

Hi All, I have read some judgements that wife is nto eligible for two maintenances from husband. As said by one of the forum, that wife can get maximum maintenance in HMA 24 than CrPC-125. One question: If husband wins divroce on the ground of cruelty and desertion,after divorce also should husband pay maintenance to wife....? If husband gets marry can he ask to reduce the maintenance that is given to first wife...? I see that Indian law is stupid... I need suggetions how to create these situations to judges and politicians so that they will change the law ...

valentine (Advocate)     01 May 2010

dear Mehta

With due respect to your opinion, please note that in the Baroda District Court one case was going on for 3 long years U/s 125 crpc. I was the third advocate who got the case out of the record room and started proceedings all over again. I was with the case for 2 years. After Direct and lengthy Cross in which the opponent(Husband) advocate examined one dozen witnesses including Sarpanch and neighbours of the village where wife's matrimonial home was situated and all gave record of adultery or immoral relation and I argued and did not allow adultery to be proved. However, in the end her 15 year old son studying in 10th Std. came and gave testimony  against his own mother as also her two kin brother and one kin elder sister gave testimony against her. Although I argued out all available points on adultery right from the root of the word "adultery", Hon. Judge gave verdict against the wife and she was not allowed a single penny toward maintenance allowance. The same judge had earlier given the verdict against the wife merely based on the love letters and circumstantial evidence. The judge herself was a female. Many advocates opined that I would win the case but it was not to be.


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