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Walter white (Private employee)     14 October 2016

Multiple maintenace cases under sec 24 hma and crpc 125

Dear Sir, Due to my wife's intolerant torture, I have divorced. In turn she filed false 498a initially. Later the court where I filed divorce, she was granted 7k interim maintenance under sec 24 until disposal of divorce petition. She filed one more case DV with maintenance under sec 125 crpc. Is it legally allowed seek maintenance under two different section?


Learning

 6 Replies

Sood   14 October 2016

She is eligivle for maintenance under section 125. Once interim maintenance will be granted it will be her to choose which maintenance award she will compensate. The other fact is if it by any means was to be ilegal then judge migh have dismissed the case in initial stage. Rather thinking it as illegal pay concentration to ur case and fight it with whole heart. For more u can pm me
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Walter white (Private employee)     14 October 2016

Our marriage lasted 4 years  out of which not  even  a single day she allowed my parents come to my home. If ever they came for  festival or on some occassion she fought with my parents. To be honest I  and my  family are the victims of DV in our own home. But I know I cannot file DV against her. Each and every point mentioned by her are  utterely false. Whil researching I came to know that most of 498a and DV cases will be false. It is something even Judges would also be  aware of. Having known the truth, how judges order the case. Why do not they show soft corner to husbands?


(Guest)
All that OK. Court can order under all sections asked to pay maintenance and it be perfectly legal. Better consult wife, for settlement, trust me, she's got upper hand, ur merely a puppet.

Sachin (N.A)     14 October 2016

Originally posted by : Walter white
Dear Sir,

Due to my wife's intolerant torture, I have divorced. In turn she filed false 498a initially. Later the court where I filed divorce, she was granted 7k interim maintenance under sec 24 until disposal of divorce petition. She filed one more case DV with maintenance under sec 125 crpc. Is it legally allowed seek maintenance under two different section?

 

No, she cannot file multiple maintenaince petition/application. Challange the maintainability of maintenaince petition of DV Act and sec 125 crpc.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     14 October 2016

If she was granted maintenance only under Section 24 of H.M.Act, as it is itself 'pendente lite", is temporary in nature, giving wife the right to file Section 125 cr.p.c. maintenance petition as it is somewhat permanent in nature.  But if wife files multiple maintenance cases, what the husband should  do is, to take a certfied copy of the order and move an application in other maintenance pending cases, questioning for further granting the maintenance.  The question of maintainability of maintenance may not stand up for legal scrutiny, but the court will not further grant maintenance.  But the Court in Section 125 cr.p.c. reiterate  the order passed in Section 24 HMA, giving permanancy of the order.  Further, in Section 125 cr.p.c., you can also take other available grounds like her employment, earning capacity etc.

Samarpan (Legal advice and aid Cell-All India Lawayers Union-Delhi)

A walk alone (-)     14 October 2016

She can file multiple cases , but she won't get maintenance. You can show certified copy of the previous order to judge

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