Sudeep Gupta (Manager) 07 June 2016

s 24

I have a question related to Dual Maintenance orders passed u/s CrPC 125 and HMA 24 against the FIR in 498a case,

There was a maintenance order passerd by Criminal court u/s 125 against the FIR and the it was being paid as per the order. After 2-3 months the Civil Court also passed order u/s 24 for another maintenance without considering the Maintenance order u/s 125. The order u/s 125 was passed 2 months before the order passed u/s 24. Meantime she was already receiving the maintenance as per the order u/s 125, but she didn't mentioned it in petition u/s 24.

Now she has approached to execution court for recoevry of Maintenance as per order u/s 24, while she is already receiving maintenance as per order u/s 125 (Order u/s 125 was passed 3 months earlier than order u/s 24)

Referring the order passed by Delhi and Mumbai High courts under DV act in 2010, where they have ruled that the multiple maintenance orders are not valid, if the order u/s 125 is already decided. May I use the same plea that since her petition u/s 125 had alredy been decided and she was receiving the maintenance as per the order, therefore the order u/s 24 (decided later) is not valid. therefore the recovery application should be rejected.

Will this stand in execution court be OK?

Also please let me know if the order passed by Mumbai and Delhi High courts under DV act, holds good in 498a case too?

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3 Replies

prabhakar advocate (advocate) 07 June 2016

Did you inform the court in S.24 that wife already got order u/s. 125 cr.p.c. It is your duty to say so. If you did not say so, move an application saying that and seeking amendment of the order u/s. 24. As you must have engaged an advocate in S.125 and S.24 cases, the advocate must have advised you properly.

Dana Kayoni (Expert Humanitarian and Lawyer) 07 June 2016

If she has gone for execution proceedings, warrant will be issued, as you did not pay balance, and you will be taken to judicial custody, if you are not caught, then subsequently non-bailable warrant will be issued, and if you are caught this time, no bail. You will anyhow have to pay her money and sum will keep adding up until you pay.

Dont be under impression that you can get away without paying. Dont follow advice of laweyrs who tell that double maintenance cant be awarded. Maintenance under two sections of law can be awarded, and you need to pay.

You are taking like a judge and a lawyer, which courtroom do you have and where is it?

Contact seasoned experienced family court lawyer locally.