maintenance

125 Cr.P.C. maintenance order is the separate order passed by the court and as per section 24 HMA 1955 its a lis pendent lite during the pendency of any other case relates to HMA 1955 so nothing wrong in this for more clarification you may contact us then I'll elaborate properly.

Both the awards are different to each other for that you will have to pay Rs. 20,000/- pm, if not challanged and modified.

Have you brought the order of maintenance in 125 crpc. by magistrate to the notice of the Family court 

sir if Divorce case is dismissed in default then will I have to pay maint in sec 24

If the order is not "in addition to" you are not to pay both. Have you not bring this in the notice of court?

 

Dear Querist,

 

Certain guidelines were laid by the Supreme Court in the case of Rajnesh vs neha on the issue of maintenance to wife. 

 

Basically, when it comes to the wife she can claim maintenance under different acts and the husband is bound to pay the same. 

 

Supreme Court further introduced some guidelines regarding the Issue of Overlapping Jurisdiction-

1. If any successive claims are made by the party under different statutes. The court could consider whether to continue with the same amount or the party should be granted further amount. 

2. Applicants are supposed to disclose all previous proceedings. 

3. If any modification is to be made the party would be required to move the concerned court in the previous proceeding.

 

Regards,

Palak

 

If you are already paying the maintenance to your wife then you must bring this in the notice  of the court hearing u/s 24 hma .

Maintenance u/s 24 HMA shall cease (not be paid) from the date when the case was dismissed in default.