Nikhil Samant 16 June 2016

Plz. help me 2 maintenance cases

My wife has filed sec 9 RCR case therein she has also applied for maintenance u/s 24 of HMA act 1955. For Both above section cases I have received summons to which I have replied & both cases are pending at Hearing stage.

Further from Maharashtra court website I came to know that she has also filed crpc 125 maintenance case. However I have not yet received any summons for this case. My lawyer told me that don’t attend any dates of crpc 125 maintenance case as you have not received any summons. This case will never go exparte. I have 3 questions

1) Is my Lawyer is telling truth. ?

2) If no what what would be the alternative solution ?

3) I would like to know that can a wife claim maintenance from both sections. If yes how much will be total amount if my salary is Rs.20k per month ?

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2 Replies

Vakalath (Vakeel No. 1) 17 June 2016

She can file all 3 and also DP case and DV case on you, first 24 will be decided, 125 will be kept pending and decided after other cases get over.

Khush 24 June 2016

do not worry. you have to pay only under one case that is under hma 24. crpc 125 is set up against amount of hma 14. that means quantum of maintenance under hma 24 is always higher than that under 125.

so u need to pay only hma24.

i suggest you shuld receive the summons and prepare a detailed reply with priliminary objections.

if now she has filed 125, it is her duty to inform in her petition that she had also filed hma 24 for maintenance. if she has concealed this from court, then you can add this in your objection statement too.

so need not worry, she can not claim multiple maintenances.