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Maintenance granted under sec 125 of CrPC will be superseded if maintenance is granted under sec 24 of Hindu marriage Act

Maintenance granted under sec 125 of CrPC will be superseded if maintenance is granted under sec 24 of Hindu marriage Act

Sanjay Kumar Sinha Vs Asha Kumari and Ors

Supreme Court

09/04/2018

Civil Appeal No. 3658 of 2018; (2018) 5 SCC 333

About/from the judgment:

Hindu Marriage Act, 1955 — Ss. 24 and 13 — Interim maintenance under S. 24 — Effect of maintenance already granted under S. 125 CrPC: Maintenance granted by Family Court under S. 24, 1955 Act would supersede maintenance granted under S. 125 CrPC.

 

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Family Court, the order passed by the Family Court, Samastipur Under Section 125 of Code of Criminal Procedure stands superseded and now no longer holds the field.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).

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