need sample of application u/s 24 of HMA ?

Querist : Anonymous (Querist) 18 December 2010 This query is : Resolved
please provide me sample of application u/s 24 of HMA,& if wife taking maintance u/s 125 of crpc .can she take maintance u/s 24 of HMA.

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Parveen Kr. Aggarwal (Expert) 18 December 2010
A wife can file a petition under section 125 of the Code of Criminal Procedure, 1973 as well as under section 24 of the Hindu Marriage Act, 1955 for maintenance pendente lite and litigation expenses in case any petition under the Act is pending and even maintenance can be fixed in both the proceedings. But she is entitled to receive amount of maintenance in any one of the proceedings.

Raj Kumar Makkad (Expert) 18 December 2010
There is no set performa as desired. All petitions are drafted based on the facts of the matter, however, lines qua the inability of the wife to maintain herself within her resources a condition precedent to be mentioned therein along-with income sources of husband/respondent. I do agree with the reply of parveen.

Devajyoti Barman (Expert) 18 December 2010
Yes the wife can claim mantenance in both the cases though the amount would be adjusted against each other.

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