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Khusboo Verma (assistant)     02 September 2016

Section 24 of hma

What is the use of filling 125 of crpc and 24 both . maintenance will be only granted in one...and please refer me a case law on divorce proceedings will be stopped until grant of maintenance under section 24 and when it will presumed that notice is served to husband if application is filed on the due date of filing of WS but we not filed


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 3 Replies

Sidharth   02 September 2016

Section 24 is a interim relief which can be granted during the pending proceedings in Hindu Marriage Act.  Once, case is over, Section 24 benefit will automatically stop.  It is available only for Hindus.

Section 125 Cr.P.C. is a permanent maintenance relief.  Even though this section is provided in criminal procedure code, it has got civil nature but the proceedings will be conducted similar to criminal case, i.e., a little bit quicker.  The relief once provided in Section 125 is valid till the wife remarries.  It is applicable to all religions.

 As per the procedure, till section 24 application filed by you is not disposed, the court will not move further 

Khusboo Verma (assistant)     02 September 2016

Thankyou but I need a proper case law to show the court that all proceedings are stopped till the disposal of 24application

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     02 September 2016

 

The following are some such judgements and citations :;

I (2003) DMC 562

(2002) 3 MLJ 319

Ghasiram Das vs Arundhati Das and Anr. : AIR 1994 Ori 15

Kanamma vs Y Subramaniam -I(1997) DMC 652

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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