LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Hma 24 maintenance pendalite and cr.pc 125 maintenace

SIr,

    My divorce case is going on. My wife has filed multiple case agaisnt me. I had intially filed the divorce case in chandigarh as marriage was solmonized there. Family court has awarded Rs.10,000/- to her as maintenace pendalite under section 24 of HMA. Now, similar proceeding under Cr.PC 125 filed by my wife is pending in distrct court  in Himachal Pradesh. My cousel there says that both maintenace are independent and you will have to pay both. Kindly advice me as in that case she can file multiple false cases and earn as much as she wants.



Learning

 7 Replies


(Guest)
Originally posted by : preet

SIr,

    My divorce case is going on. My wife has filed multiple case agaisnt me. I had intially filed the divorce case in chandigarh as marriage was solmonized there. Family court has awarded Rs.10,000/- to her as maintenace pendalite under section 24 of HMA. Now, similar proceeding under Cr.PC 125 filed by my wife is pending in distrct court  in Himachal Pradesh. My cousel there says that both maintenace are independent and you will have to pay both. Kindly advice me as in that case she can file multiple false cases and earn as much as she wants.


Your lawyer misleading you.


She cannot ask maintenance at 10 diffrent places under 10 different sections of law.


Even if both are considered, final maintenance will be decided on average basis.

1 Like

Arvind Singh Chauhan (advocate)     09 June 2013

I do agree with HELPING HAND.


(Guest)

sir can I get reference of some Supreme Court Judgements to consolidate this and convinence my counsel or judge

fighting back (exec)     09 June 2013

@preet, helping hand is correct, and you should also use your own logic, how can a person ask for maintainence in 10 different courts, this is a common ploy adopted by lawyers to extract as much money as possible by filing multiple cases, in the end, which ever case gives the highes amount, the maintainence is adjusted against that , the rest of the cases are not relevant then. you can take a certified copy and show to the subsequent court that maintainance has been decided and no need for multiple cases

Adv k . mahesh (advocate)     10 June 2013

for this type of double cases you do not worry file a petition with a copy of judgement copy through your lawyer stating that you are already awarded maintenance and you are paying 

for this no jugement is required and the case will be dismissed after enquiring with opposite party if you are paying through bank show the bank statement 


(Guest)

Take certified copies from all courts where she has applied for claiming maintenance.


Get em all together and give it to the Family court.  


There ask in memo to transfer of such cases to family court, and all will be brought under one roof, looked into and disposed off.


Take multiple certified copies, you will never know when you will need one, as courts wont accept xerox copies, but only certified xerox copies.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 March 2014

no wife can claim maintenance from two courts


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register