Maintenance to wife rejected in crpc 125 but allow to child
rupeshgangurde
(Querist) 13 September 2013
This query is : Resolved
respected sir,my wife had file IPC 498a case, crpc 125 case, DV case, later rape case, I filed HMA application, in which court grant Rs 5000/month under section 24 of HMA. I had paid Rs. 65000/-in HMA proceeding cJSD allowed my application on desertion and cruelty and cites 13 case law of supreme court, but in absence of application under section 25 of HMA court grant her permanent alimony. in crpc 125 case which is decided before HMA, JMFC court reject her application but allow maintenance to child of Rs 8000/month, only on her contention that he is suffer by luchemiya. she is Bsc, during proceeding of cases she completed Bed, now she has taken admission to LLB. she was applied for MPSC recruitment & couted her marrital status as UNMARRIED. Now she challenged decree of divorce and I also challenged permanent alimony, she again filed section 24 of HMA application, & fild CRPC 125(3)for recovery of child maintenance Rs 340000/- matter stead by court on condition that I should deposit haft amount and further regularly pay Rs. 5000/- till disposal of revision. hence I request all of you please suggest me that is it possible to file writ petition in high court against stayed order & pray for quash DV case and consider amount paid to her in HMA section 24. I have to face 10 civil & criminal proceeding in different court. please help me.
Devajyoti Barman
(Expert) 13 September 2013
I am not sure why are you s bothered when maintenance of your wife is rejected and it is lowed for your child only.
Are you not interested to bear maintenance of your won child?
Raj Kumar Makkad
(Expert) 13 September 2013
The liability towards your child is solely of you and despite of pendancy of many cases, you cannot be exonerated from that liability. So far payment under section 24 of HMA is concerned, you can definitely go in a writ petition against the order of the payment awarded by revisional court.
Nadeem Qureshi
(Expert) 13 September 2013
Dear Querist
the petition under section 24 of HMA is diffrent from 125 of crpc. in 125 of Cr.PC you have to pay the maintenance to your child so the amount paid in section 24 HMA can not be consider in 125 (3) of Cr.PC case.
second question regarding file writ/quashing then you can file against revisional court's order regarding stay before high court or SC as case may be.
rupeshgangurde
(Querist) 21 September 2013
thank u all of u sir. I did not mean that I could not take care of my child but, she mislead trial court that my child is suffering by luchemiya (blood cancer) but no evidence and no doctor examined by her and court passed order of Rs.8000/ month.
as well as revision court passed order on stay application only that I have to deposite rs 120000/- and also pay Rs 5000/month regularly.
and in HMP trial court su moto grant permanent allimonly to her which is Rs. 5000/month.
hence I need help sir. It's my duty to take care of child. sir but this per month order in stay. which make burder on me.
thanks onces again
