Hma 24 & 25

Dear querist,

Yes, she can ask.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

No she cannot, at a time.  Both are contradictory reliefs.

She can definitely apply for both the reliefs.

Section 24 deals with maintenance " pendente lite" which means maintenance to be given during the pendency of the matter before the Court. Court has to see whether or not the following conditions are satisfied before granting maintenance pendente lite which are as follows :

1. It should appear to the court that either the wife or the husband has no independent income sufficient for her or his support and the necessary expenses of the proceedings.

2. An application to the court should be made asking for maintenance pendente lite, either by the wife or the husband asking the other to pay maintenance to her or him. 

In additon to above two conditions, the Court gives due regard to the petitioner's (one who has applied for maintenance pendente lite) own income and the income of the respondent (one from whom the maintenance pendente lite is asked). 

Now, Lets come to the mandate of Section 25 of HMA. It talks about permanent alimony and maintenance. The following facts should be kept in mind while perusing Section 25 :

1. The section is invoked at the time of passing any decree (divorce decree, or decree of judicial separation or decree of annulment of marriage) or at any time subsequent thereto.

2. An application is to made either by the wife or the husband to that effect.

3. The Court may order that the respondent shall pay to the applicant for her or his maintenance and support such gross sumor such monthely or periodcal sum for a term not excedding the life of the applicant.

4. The Court gives due regard to respondent's own income and other property of the application, the conduct of the parties and other circumestances of the case. 

5. The immoveable property of the respondent may charged for securing such a payment if it seems just to the Court. 

6. If the party in whose favour an order has been made re marries or is such party is the wife and she does not remains chase or if such party is the husband and he had s*xual intercourse with any woman outside welock, it may at the instance of the other party vary, modify or rescind any such order as it may seem to the court to be just. 

7. The Court may also vary, modify or rescind any such order on the instance of either party if the court is satisfied abut a change in circumstances of either party after the order has been made in the interest of justice. 

Hope this solves your query. 

Additionally, the relief under section 125 CrPC is also available to her.