My wife and I have unfortunately divorced due to irreconcilable differences. After our separation, she filed a false case against me under Section 498A. Subsequently, the court granted her interim maintenance of Rs. 6,000 under Section 24 while our divorce petition is pending. Now, she has filed another case seeking maintenance under Section 125 CrPC. Is it legally permissible to claim maintenance under two separate sections?

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Apni Law
Law Forum › Category: Divorce › My wife and I have unfortunately divorced due to irreconcilable differences. After our separation, she filed a false case against me under Section 498A. Subsequently, the court granted her interim maintenance of Rs. 6,000 under Section 24 while our divorce petition is pending. Now, she has filed another case seeking maintenance under Section 125 CrPC. Is it legally permissible to claim maintenance under two separate sections?
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Apni Law Staff asked 9 months ago

My wife and I have unfortunately divorced due to irreconcilable differences. After our separation, she filed a false case against me under Section 498A. Subsequently, the court granted her interim maintenance of Rs. 6,000 under Section 24 while our divorce petition is pending. Now, she has filed another case seeking maintenance under Section 125 CrPC. Is it legally permissible to claim maintenance under two separate sections?

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Apni Law Staff answered 9 months ago

While your wife can seek maintenance under both Section 24 and 125 CrPC, she cannot claim the same amount twice. The courts would consider the interim maintenance already granted under Section 24 while deciding the maintenance under Section 125 CrPC. It’s advisable to consult a lawyer for specific legal guidance regarding your situation.

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Previous Article My wife and I got married in 2013 after a love marriage. We had an interfaith marriage, and I converted to her religion to marry her. However, we’re now constantly arguing and I want to get a divorce. What steps do I need to take?
Next Article As a widowed Christian mother of a 16-year-old boy and a 14-year-old girl, I’m facing a difficult situation. My late husband never provided financial support, but the property he gave as dowry was registered in both our names. Now, he wants to sell it and keep the money for himself. I’m jobless and unwell, and I’m worried about securing my and my children’s future. What legal options do I have to ensure the property remains in my and my children’s names and that I receive adequate maintenance?

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