Resjudicate 125 crpc & 25 (1) hma
Querist :
Anonymous
(Querist) 05 January 2012
This query is : Resolved
a divorcy wife failed to get maintainence in 125 crpc , rivision & 482 then how can she get maintainence decree in hindu marriage act 25 (1)
is it bared by resjudicata ? if yes plz give any cytation regarding this
Guest
(Expert) 05 January 2012
no it will not be barred and this is the expense pendentalite and not the maintenance amount and the amount which she will get will be allowed under section 24 of hindu marriage act and this will be adjusted with what she already getting
V R SHROFF
(Expert) 05 January 2012
IT IS NOT BARRED BY RES JUD.
Maintenance can be claimed under different laws.
Sec 125: is criminal , to save wife and children from starvation. it was Limited to bare minimum needs & Rs. 500/- pm, scrapped later , and now have no limit.
Sec 12 DVA , for mtn
Sec24 HMA to fight litigation, & it ceases with litigation, or on withdrawal of the civil suit. Sec 25 HMA for permanent Mtn.
Sec 18 HAMA 195 for mtn only, when wife is deserted.
All the mtn purposes are different, and can be ordered at a time, but in ordering it, the previous order amt is considered and adjusted.
There is no bar, no resjudicata, as aim and objectives differ.
It is itself a LAW, and Act need not need further citations, but there are 100’s of Judgement, that you can search on indiankannon. I have lots, but for short of time, cannot include here. Over and above, what u will do with it, when not tenable???
Devajyoti Barman
(Expert) 05 January 2012
Yes it is not barred.
Exploring to different legal proceedings under two different legal provisions does not attract res judicata.
Moreover the proceedings are under criminal and civil laws respectively.
ajay sethi
(Expert) 05 January 2012
agree with experts
Ravikant Soni
(Expert) 05 January 2012
agree with experts.
Because proceedings under section 125 is not a suit.
Raj Kumar Makkad
(Expert) 06 January 2012
BUT I do not agree because successive experts forget to read the word 'divorcee'.
As this lady has already been granted a decree of divorce so there is no occasion for her to file any petition under section 25 (1) of HMA.
If maintenance under section 125 Cr. PC has been denied then there is no hope elsewhere for this divorcee wife to claim for maintenance allowance from her ex-husband.
V R SHROFF
(Expert) 06 January 2012
sec 25(1)hma read: ... " at any time passing the decree, or at any time subsequent thereto""
Means after passing decree till she survive, as divorcee
Deepak Nair
(Expert) 06 January 2012
Rightly advised by Mr.Shroff.
prabhakar singh
(Expert) 06 January 2012
can she get maintainence decree in hindu marriage act 25 (1), is it bared by resjudicata ?
Answer:......
yes she can.It is not barred by resjudicata.
Section is open till life of parties for attending several modifications at the instance of parties.It is so clear that one does not need case law support.
you may browse cases on indiakanoon
Rajeev Kumar
(Expert) 06 January 2012
Yes i agree with all experts except Mr.Makkad
Sushil Sharma
(Expert) 07 January 2012
very well explained by experts
