hello.........
Querist :
Anonymous
(Querist) 01 November 2009
This query is : Resolved
i just want to know that ,,,,,,,,what is the reason behind prefering sec 125 of code of criminal procedure rather than provisions of hindu marriage Act and Hindu adopotion and maintenance Act, in relation to the maintenane petitions?( OTHER THAN SPEEDY REMEDY)
Adv Archana Deshmukh
(Expert) 01 November 2009
The proceedings are summary so much quicker.
From the recovery point of view also the proceedings are quicker in view of issuing DWs, arrest warrants, attachment of salary, provision for imprisonment in default of every month's maint.,etc. In civil suits, comparatively, it takes longer time.
niranjan
(Expert) 01 November 2009
CrPC 125 is summary procedure to get maintenance and for other Acts they will be conducted as suit.
Kiran Kumar
(Expert) 01 November 2009
technically i agree with Archana.
but its a high time now that there shall be consolidation of all laws relating to matrimonial disputes and if possible such laws should also contain provisions regarding children and aged parents.
Sachin Bhatia
(Expert) 01 November 2009
I also agree with Archana
Raj Kumar Makkad
(Expert) 01 November 2009
Maintenance allowance under Hindu Marriage Act is available only if any petition under Hindu Marriage Act is pending. If it is decided or not filed, No maintenance allowance can be demanded under this act whereas under 125 Cr. P. c. whether HM petition is pending or not or even after passing of decree of divorce, maintenance can be demanded. Even 125 cr. P. C. is available for children and parents whereas they have got no specific sections to claim under HM Act. Quicker decision has nothing to do with it, The nature of both the petitions is entirely different so 125 Cr. P. C. is preferred more than HM Act maintenance.
Adv. Biju Gopal
(Expert) 03 November 2009
I agree with Adv. Archana.
Adv. Biju Gopal
www.familylawyers.in
