Maintenance u/S 24 of HMA Supersedes Maintenance u/S 125 of CrPC

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June 16, 2018

Case name: Sanjay Kumar Sinha vs Asha Kumari

This appeal is filed by the husband against the final judgment whereby the High Court dismissed the application filed by the appellant husband

In the case, the appellant husband had filed the divorce petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent wife. The respondent had filed application under Section 24 of the Act in the aforesaid Divorce petition and claimed from the appellant (husband) pendente lite monthly maintenance for herself and her daughter. In the case, the respondent (wife) had also filed one application under Section 125 of the Criminal Procedure Code, 1973 seeking maintenance. Thus, two maintenance orders were passed in favour of the respondent and the same was contested by the appellant.

In appeal, the Supreme Court made disposed of the appeal and held that the second consequent order upon passing of the maintenance order under Section 24 of the Act by the Family Court, maintenance order under section 125 of Cr.P.C. stands superseded and now no longer holds the field.

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