maintenance
chander mohan
(Querist) 25 August 2014
This query is : Resolved
Hello all. Today court has passed maintenance 5000 pm u/s 24 to my wife in dwarka court where I filed RCR. She has also filed 125 crpc in faridabad where maintenance not yet passed. My total salary is 35000 and paying emi 15000 of personal loan. My question is -
1. Should I proceed for appeal against sec 24 order.
2. Secondly, after telling the judge about that wife is already getting maintenance u/s 24, how much she will get in u/s 125 now.
ROHIT SHARMA
(Expert) 25 August 2014
1. Seek an express order from the court which has awarded the maintenance u/s 24 H.M.Act to order cancellation of the case matter filed under 125 Cr.p.C. and then file such certified copy of the order u/s 127 (2) of Cr.P.C. before the court trying the 125 Cr.P.C. case.
2. The existence of the case under 125 Cr.p.c. needs to be brought to the notice of such family court.
Rajendra K Goyal
(Expert) 26 August 2014
You may proceed for an appeal if not satisfied with the orders. Court may not consider the payment of EMI while deciding the maintenance.
Submit the coy of orders u/s 24 to court at Faridabad where the case u/s 125 pending.
ajay sethi
(Expert) 26 August 2014
in section 125 proceedings draw attention of court to fact that maintenance has already been awarded to wife under section 24 HMA
chander mohan
(Querist) 28 August 2014
Thanx for your reply sir. But how much court may now award maintenance u/s 125 after considering sec 24 HMA.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
The experts here are not astrologers to predict the judge's discretion while passing an order awarding maintenance u/s 125, cr.p.c. Better be with your lawyer throughout and make sure that he elucidates all the points before the court to establish the fact of maintenance award made earlier and other circumstances where the present case is deserving dismissal.
chander mohan
(Querist) 31 August 2014
Mr. Kalaiselvan thanks for your valuable advice.
