garima 02 June 2016

Petition by way of assignment

Hello Sir/ Madam, what is the meaning of petition received by assignment. Case for section 127 and divorce petition is pending in family court. Wife is already taking maintenance u/s 126 Of crpc. Now new petition U/s 24 of Hindu Marriage (validation of proceeding) Act. Due date is 23-09-2016. Whether summons should be taken or avoided. Pl. Advise on above. Thanks to allexpert.

Reply Follow

2 Replies

garima 02 June 2016

My mistake maintenance is u/s 125 of crpc.

Vijay Raj Mahajan (Advocate) 03 June 2016

Section 127 Cr.P.C. application is made for modification of the maintenance order passed under section 125 Cr.P.C with change of circumstance for the parties.

Section 24 of the Hindu Marriage Act,1955 is for interim maintenance during pendency of the divorce proceedings only.

The order made under section 125 Cr.P.C continues till the application u/s 127 is dispossed by the Family Court, The order for maintenance u/s 24 HMA can be allowed by the Family Court, but the wife will get only one maintenance only either u/s 125 Cr.P.C or u/s24 HMA she cannot get two separate maintenances from the husband at different heads.

The summon/notice of the court by no means should be avoided or ignored, that is basically contempt of court when you do so.