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Sudhanshu Audichya   01 February 2018

Hindu wife maintenance

Dear Experts,

Requesting you to clear below-mentioned discrepancy for maintenance of Hindu wife.

- Petition for 498A & 125CRPC has already filled by the wife & going on in court simultaneously.

Just need to clarify that whether the wife can file petitions under s.24 of HMA in court while s.125 of CRPC is pending & going on.

 

Awaiting for a positive response. Will appreciate your support for the same.

 

Best Regards

Sudhanshu

 



Learning

 4 Replies

TGK REDDI   02 February 2018

She can, of course.

Vijay Raj Mahajan (Advocate)     02 February 2018

The wife has right to seek maintenance from the husband in the following manner as each of these independent to the other and nothing bar her not to file all the applications/petitions simultanouesly :

1. Application u/s 125 Cr.P.C for maintenance.

2. Application u/s 24, 25 the Hindu Marriage Act,1955 during the pendency and finalisation of main petition for divorce, RCR ,Judicial Separation as the case may be.

3. Complaint under sections 12, 20 the Protection of Women from the Domestic Violence Act, 2005.

4.Petition under section 18 of the Hindu Adoption and Maintenance Act,1956.

Apart from the above mentioned provisions of civil laws the Wife can even seek maintenance from the husband from his employer, like in case the husband is employed in Armed forces and like organisation which are authoriried to deduct the samary of its employee and pass the share to their wife.

However, the wife may file all of the above cases the maintenance she will get will be only one which is highest awarded to her by any of the court or authority.

Your next question will be, Is it fair for wife to file so many applications/petition for the same thing which is maintenance? My reply is that it is not the wife mind working here, but her lawyer's mind who is making money by filling so many cases as he will be paid for each case he files for the wife and stupid wife thinks her lawyer is the best in the world getting her the maximum from her husband.

1 Like

TGK REDDI   02 February 2018

Yes.    Shri Vijay Raj Mahajan is quite right.

SHIRISH PAWAR, 7738990900 (Advocate)     03 February 2018

Wife can file application u/s. 24 of Hindu Marriage Act, however maintenance order passed in other provisions will be considered while passing order under this section. But court may pass order for litigation expenses.


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