Legal Question in Family Law in India
my divorce case proceedings are going on for the last 7 and half years and as per court's order I am paying the monthly maintenance to my wife and daughter u/s 24 of Hindu marriage Act. Now she has filed another case for maintenance u/s 125, can she do it or not, please guide
2 Answers from Attorneys
she can do it but in case she gets more amount of maintenance u/s 125 then the maintenance that you paying u/s 24 would be adjusted in the order of maintenance. e.g. if you paying 2000 in sec. 24, and she gets an order of 5000 in 125, you would have to pay 3000 more.
Why not to request court to expedite the divorce case proceedings through your advocate? While such inordinate delay is not unusual you have to analyse the causative factors behind such delay & take remedial measures to come out from this permenant trouble of paying the maintenance & visiting the court
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