Sir if high court reduce maintenance in 125 crpc and i will file contest divorce and my wife claim maintenance for it and it should be higher than 125 crpc what can i do ?
1) You can file an civil miscellaneous application under section 151 of Cr.P.C. in the divorce matter seeking review arguing that the HC has already decided the quantum of the amount of maintenance under 125 Cr.P C. and that should suffice her to meet the expenses incurred for attending the divorce proceedings and nothing more as this interim relief under section 24 of the H.M.A is not granted if she is already being paid Maintenance under section 125 . Giving twice maitnancd us not therefore maintainable. You can also make an appeal before the sessions court if the review petition doses not succeed.
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Adv. Rohit Sharma.
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