Maintenance to Wife -- Final Maintenance Under Section 125 CrPC Coexisting With Interim Order Under Section 24 HMA -- Interim maintenance held unsustainable, final award to prevail
Criminal Procedure Code, 1973, S.125, Hindu Marriage Act, 1955, S.24 -- Maintenance to Wife -- Final Maintenance Under Section 125 CrPC Coexisting With Interim Order Under Section 24 HMA -- Determination of maintenance under Section 125 CrPC, being a final adjudication on entitlement and quantum based on appreciation of evidence, assumes primacy over any interim arrangement made during pendency of matrimonial proceedings. Continuation of a parallel direction for interim maintenance under Section 24 of the Hindu Marriage Act would result in duplication of relief and overlapping financial liability for the same period, which cannot be sustained in law. Maintenance pendente lite already granted cannot be permitted to operate once final maintenance is awarded under Section 125 CrPC, though an award of litigation expenses in the matrimonial proceedings remains sustainable independently.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
