Permanent maintenance
Nirupom Dutta
(Querist) 12 February 2012
This query is : Resolved
Please give your valuable suggestions on following matters:-
Husband was filled a divorce petition against his wife in family of one district but his wife residing at another district and during the pendency of the divorce case wife filled a maintenance case against her husband U/S 125 of Cr.P.C where she resides, (at another District) about 2 years ago and in this case by a order of magistrate husband has been paying monthly interim maintenance , but now in the month of January 2012 the family court as mentioned above by its judgment dissolved the marriage and also ordered the husband to pay a permanent maintenance to his wife .Now husband wish to cancel the interim maintenance as he is now paying permanent monthly maintenance to his wife by depositing the same in the Family court. My quarries are:-
1 will it be possible by filling a petition u/s 127(2) of Cr.P.C
2 “wife cannot be maintain twice” please provide me with some citation on above matter.
Devajyoti Barman
(Expert) 12 February 2012
1.Divorce does not disentitle the wife to get maintenance under section 125 crpc unless she remarries.
So your next course of action is without any legal merit.
2. Yes, the amount granted under permanent alimony would be taken into account while granting maintenance finally after the conclusion of trial. But that does not make her claim foe maintenance a non est.
Raj Kumar Makkad
(Expert) 12 February 2012
1. He can do so but generally wife can claim maintenance at only one place which is beneficial for her.
2. In Ravinder Haribhau Karamkar V/s Shaila Ravinder Karamkar, 1992, Cr. L.J. 1845 (Bombay) – in this reference case, it was held that during the pendency of a filed regular civil court petition under Section 24 of HMA, wife also simultaneously filed a parallel petition under 125 Cr.P.C. of the Code. It was held that the petitioner wife could not be allowed to ride two different horses at the time (two simultaneous proceedings in two different courts) and could not be permitted to continue the maintenance proceedings under section 125 Cr. P.C. when she has already chosen the alternative remedy by filing first a regular civil court suit for maintenance. It is well established that the judgment of the civil court shall prevail over the judgment of the criminal court. The natural justice demands that parallel proceedings cannot be allowed to continue in different courts.
V R SHROFF
(Expert) 12 February 2012
1]Divorced wife is also a WIFE , and continue getting maintenance.
2] Maintenance u/s 24 HMA is only for the period of Litigation. It is Maintenance Pendentelite. The moment, civil case is over, or withdrawn, the maintenance stops.
3] Maintenance u/s 125 is to avoid starvation of children and wife, and earlier it was limited to Rs. 500/-p.m. [Now no Limit] It is a Criminal code provision.
4] Maintenance can also be claimed under DV Act
5] Maintenance can also be claimed by wife u/s 18 of HAMA , 1956.
It can be allowed simultaneously.
Only while granting the last one, there is provision to take into consideration, the Maintenance granted earlier. There are Plenty of Judgments of Bombay HC & SC for the same.
Deepak Nair
(Expert) 13 February 2012
Yes Tom,
Great updates by the learned experts.
Shroff Sir,
What action can be taken by the husband to refrein himslef legally from paying the maintenance u/s125 in cases like this where permanent maintenance is granted by the civil court??
A. A. JOSE
(Expert) 15 February 2012
Shri Shroff has given exhaustive answers and nothing more needed.
M/s. Y-not legal services
(Expert) 13 February 2012
