Differentiate between Section 24of HMA and CR P C 125!
Querist :
Anonymous
(Querist) 04 March 2010
This query is : Resolved
Que.1.Dear Experts! Please Differentiate the Circumstances under which each of these Sections i.e.Section 24 of HMA and CR P C 125 can be Filed?
Que.2.Can the above mentioned Sections be Filed just like any other petition or need to be Substantiated with Specific Facts and Evidences?
Parveen Kr. Aggarwal
(Expert) 04 March 2010
1. Application under section 24 of the Hindu Marriage Act, 1955 can be filed only when a petition under any of the provisions of the Act, is pending otherwise not and maintenance can be granted only for the pendente lite period whereas a petition under section 125 of the Code of Criminal Procedure, 1973 may be filed irrespective of pendency of any other petition. Also in 125 petition maintenance is not limited to pendente lite.
2. In any kind of petition, the requisite facts for granting the expected relief are to be narrated. Evidence is not to be pleaded in any kind of petition.
Guest
(Expert) 04 March 2010
I do agree with Mr Parveen
Tarun Kalra LL.M, M.B.A
(Expert) 11 March 2010
THE DIFFERENCE BETWEEN SECTION 125 CRPC AND SECTION 24 OF HMA 1955 IS THAT IN SECTION 125 ONLY WIFE CHILDREN, AND PARENTS CAN CLAIM MAINTANCE, BUT IN SECTION 24 OF THE HMA, NOT ONLY WIFES , BUT HUSBANDS ALSO CAN CLAIM MAINTAINCE FROM THEIR WIFES, AND INTERIM APPLICATION OF SEC 24 CAN BE FILES DURING THE PENDANCY OF SCTION 13 , OR OTHERE RELEVENT PETITION OF HMA. 125 IS FOR WIFES, CHILDRNS AND PARENTS MAINLY.
