Document Fragment View
Fragment Information
Showing contexts for: Criminal Procedure code 127(2) in Deepa vs Balaji on 13 April, 2017Matching Fragments
30. However, while fixing the quantum of maintenance under Sections 24, 26 of the Hindu Marriage Act, the Civil Court can take into account the amount being paid to them in pursuance of an order passed under Section 125 Cr.P.C. In case, the woman is granted 'permanent alimony' it will have its repercussion in the maintenance order already passed under Section 125 Cr.P.C (See Section 127(2) Cr.P.C.).
31. But because of the existence of a maintenance order passed by the learned Judicial Magistrate, Gudiyatham under Section 125 Cr.P.C., the Matrimonial Court/Sub Court, Gudiyatham cannot refuse to entertain the maintenance petition under Sections 24, 26 of the Hindu Marriage Act filed by the revision petitioner for pendente lite maintenance. The learned Sub-Judge also cannot compel the woman and children to go to the said Magistrate and seek enhancement of their maintenance under Section 127 Cr.P.C.