Legal Question in Family Law in India

section 24hma and 125 crpc

maintenance case under 125cr.p.c was dismissed on the ground that wife left her own. after that wife filed divorce case and section 24 hma by suppressing the order. let me know wheather section 24hma is maintenable


Asked on 9/06/08, 10:35 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: section 24hma and 125 crpc

Yes, Section 24 HMA is applicable even if her case under Section 125 Cr. P. C. was dismissed.

Section 125 Cr. P. C. applies when one party has "neglected" to maintain the other party; whereas for applicability of 24 HMA, the wife does not have to establish any fault on the part of the husband;

In order to avoid unnecessary multiple litigation, you should try to settle the matter out of court. the protracted litigation may cost you more money and disturb your mental peace longer than expected; try for an amicable settlement, if possible one time lump sum payment towards alimony should be offered.

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Answered on 9/06/08, 4:55 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: section 24hma and 125 crpc

Both are different proceedings and sec 24 Hma is applicable

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Answered on 9/09/08, 1:50 am
Nandita Haldipur Haldipur Associates

Re: section 24hma and 125 crpc

yes it is

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Answered on 9/09/08, 5:24 am


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