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Raman Verma (Bangalore)     02 February 2016

Maintenance under hma24 and crpc125

I am having hma24 and crpc125 on me. For crpc 125 interim maintenance was passed as 10k pm. For hma24 lower court granted 20k pm . then a revision petition was filed to high court and maintenance was reduced to 15k. Previously my lawyer told me that the max of these two to be paid. Now opponent lawyer is asking in hma24 execution case to made us pay 15k in HMA 24 and 10k in crpc125. Here my query: Is there any judgment which says max between these tow maintenance to be paid to wife?



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 3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     02 February 2016

Maintenance can only be claimed through once court and not mutliple times unless the orders are exclusive of each other. Hence it is important to check the order. If either of them states that maintenance paid elsewhere shall be adjusted against the present amoiunt, then you need to pay only the higher amount.

Augustine Chatterjee

Advocate

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Raman Verma (Bangalore)     02 February 2016

Can some one please share the High court or supreme court order which support in my case? I means order which i can use while argument.

Vijay Raj Mahajan (Advocate)     03 February 2016

What opponent lawyer is asking not important. He may be asking for sky but won't get, the wife can get only one maintenance which is Rs15K the higher of the two being ordered against you.


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