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Supreme Court of India 2018-04-09 disposed

Sanjay Kumar Sinha vs Asha Kumari & Anr

Bench: 2 — Abhay Manohar Sapre

In Brief

The Supreme Court disposed of an appeal challenging a Family Court's order awarding pendente lite maintenance to a wife and minor daughter in a pending divorce petition. The husband had contested both a Section 24 (Hindu Marriage Act) maintenance order and an earlier Section 125 (Criminal Procedure Code) order. The Court held that the Section 24 maintenance order supersedes the Section 125 order. It modified the payment structure, directing Rs.6000 per month to the wife and Rs.2000 to the daughter in cash, with the remaining Rs.4000 to be secured. The Court encouraged mediation and directed the Family Court to decide the main divorce case on merits within 6 months.

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Hindu Marriage Act Matrimonial Law Maintenance Divorce Criminal Procedure Code Pendente Lite Maintenance Family Court Mediation

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