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498victim (none)     06 December 2014

Maintenance decided in 125 mutual consent

My question is to all learned and practicing lawyers. Almost 10 months back, during the proceedings of 125 Crpc my wife handed over the 2 month child custody (on am agreement that she will not claim his visitation) to me on a monthly maintenance of Rs 8000 to her. Everything is decided on mutual consents and not decided based on contesting. Finally, order was passed as per mutual agreement. That chapter is closed here.

Then few days after of that, she filed appeal to get back the child custody. We contested on that and finally on the day of order she withdreaw her petition.

Then she filed section 24 petition to increase the maintenance that was already mutually decided 10 months back. I filed my affidavit on merits with every financial detail I have.

Today, we set for settlement in lok adalat under same judge but that greedy lady went beyond my means. So, matter was not settled.

These proceedings are going thru under ADJ (princial) judge.

My questions

1. As she withdrew her application for child custody, what could be her next step for child custody and what could be the faith under current circumstances.

2. As maintenance was already decided under section 125 what are the chances to get it revised under section 24 by the same court?

3. What could be my action, if court consider her 24 petition?

To my little knowledge, section 125 give final relief and section 24 give temporary relief. As order under 125 is already passed, what are the obligations under section 24.

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     10 December 2014

You should contest her maintenance application filed u/s 24 of HMA based on the order for maintenance already passed u/s 125 Cr.P.c. , you will certainly get relief, especially on the basis of all her applications being withdrawn at the final moments.  Be in close touch with your lawyer for further issues.


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