lawweb 16 June 2018

Whether maintenance granted u/s 125 of crpc will be supersed

Whether maintenance granted U/S 125 of CRPC will be superseded if maintenance is granted U/S 24 of Hindu marriage Act?

Second, consequent upon passing of the maintenance order dated 15.07.2016 Under Section 24 of the Act by the Family Court, the order passed by the Family Court, Samastipur Under Section 125 of Code of Criminal Procedure stands superseded and now no longer holds the field.Indeed, this fact was conceded by the learned Counsel appearing for the Respondent (wife).

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 3658 of 2018 (Arising out of S.L.P. (C) No. 6301 of 2017)

Decided On: 09.04.2018

Sanjay Kumar Sinha Vs. Asha Kumari and Ors.

Hon'ble Judges/Coram:

R.K. Agrawal and Abhay Manohar Sapre, JJ.

Citation: (2018) 5 SCC 333

https://www.lawweb.in/2018/06/whether-maintenance-granted-us-125-of.html

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2 Replies

Dr J C Vashista (Advocate) 17 June 2018

If you have any reservation or you feel aggrieved you may file a review petition before the Supreme Court as advised by your lawyer.

Vijay Raj Mahajan (Advocate) 17 June 2018

This may be the order of the Supreme Court of India, but I have reservation about it. The order passed by the Family Court u/s 24 HMA is only interim in nature and is open till the finalisation of the main petition filled in the Act as the case may be in this case it was the divorce petition u/s 13 HMA. Order passed u/s 125 Cr.P.C is open till the wife so desire it to stop or has got means to maintain herself or get remarried after the divorce etc, that may even continue after the divorce the wife enjoy this financial support allowed to her.By making order u/s 24 HMA supresed order u/s 125 Cr.P.C the longer privillage allowed to the wife is snatched away, rather this will give rise to further litigation between both parties as either application under section 25 HMA will have to filled for continution of maintenance after passing of divorce decree or file fresh petition u/s 125 Cr.P.C for the maintenance which provide for even divorced wife.