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Indian sufferer (professional)     21 September 2013

What is sec24 and crpc125

hello experts what is difference between sec 24 and crpc 125 my filed both in family court in dv crpc 125 dissmissed.



Learning

 5 Replies


(Guest)

Sec-24 HMA is for maintenance which is filed during the pendency of any cases going under sections of HMA 1955.It is totally civil in nature goes with civil procedure.


Whereas 125 CrpC is a maintenance case run by criminal procedure code,the chances of maintenance in this is from the date of filling. In this section a wife,a child legitimate/illigitimate , old mother & father can seek relief if they have no income from anyway's to sustain their livelihood.

 

For more details: just google down,you will get plenty of knowledge along with citations.



Sarvesh Kumar Sharma Advocate (Advocacy)     21 September 2013

agree with above view!

Samir N (General Queries) (Business)     22 September 2013

While the above answers are accurate, thats just in theory. There are more difference between the two that most advocates do not know. I am not an advocate -:) 


Without trying to enlighten you on all the details, lets go to your case: If your Section 125 Cr.P.C. was dismissed on the merits, then hurray! You can use res judicata and/or constructive res judicata to bar any maintenance applications unless circumstances have changed but not vice-versa. Also, there are issues on limitations. There is no limitation on 125 Cr.P.C. but there is limitation under HMA and DV. In short, for maintenance, 125 Cr.P.C. is a more powerful weapon in the wife's hand then HMA or DV. 


Use opinions expressed in this forum to get ideas but do your own research and consult GOOD advocates (which is a rarity) before you do any filings. 

rajiv_lodha (zz)     22 September 2013

More relevent points:

* Sec 24 maint. is for a period till main HMA case runs. Its called maintenence pendite-lite

while

Sec125 maint is permanent. 1st interim is granted & at disposal, permanent maint is granted.

* In sec 24 case, court gives her money so that she enjoys the status as when enjoyed in her matrimonial relationship wid u

but

In sec 125, she is given money just to maintain fulfil minimum needs

(This is what law says, practically its judges discretion to fix maint amm)

ANAMIKA VICHARE (LAWYER)     22 September 2013

Let me add further,...the recovery of maintenance u/s.24, the wife has to pay Bhatta per day @ Rs.40/- for arresting the husband

 

whereas u/s.125...recovery of maintenance....no bhatta rqd to be paid...criminal jail


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