maintenance

Spouse can!

Court can rationlise!

Apex Court has decided; consequent upon passing of the maintenance order .. under Section
24 of the Act by the Family Court, the order passed by the Family Court, ..r under Section 125 of Cr.P.C. stands superseded

GO thru;

Supreme Court of India

Sanjay Kumar Sinha vs Asha Kumari on 9 April, 2018

13. Second, consequent upon passing of the maintenance order dated 15.07.2016 under Section
24 of the Act by the Family Court, the order passed by the Family Court, Samastipur under Section 125 of Cr.P.C. stands superseded and now no longer holds the field. Indeed, this fact was conceded by the learned counsel appearing for the respondent (wife).

Pick up relevant points;

GO thru;

Delhi High Court

Rachna Kathuria vs Ramesh Kathuria on 30 August, 2010

Supreme Court of India

Smt. Chand Dhawan vs Jawaharlal Dhawan 

Take help of a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..

There are such very able counsels at each location.

Check for such counsels at LOCAL Family/Civil courts, HC, ..

Dear querist,

Yes, it is legally allowed for a wife to seek maintenance from husband under two different sections. There is no stopping her from doing so. Please note that grant of interim maintenance under Section 24 of the Hindu Marriage Act is in itself not a ground for rejecting a petition filed under Section 125 Crpc. As per maintenance laws in India women can claim maintenance under two different provision of law.

Only principal which can be kept mind that total of both the amount should not be more than liability of husband.

You can approach HC for relief, if denied by HC Supermen court is only hope.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600