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Marriage is considered as a sacred bond between two individuals, but it’s not always a bed of roses. Sometimes, marriages may face a breakdown due to various reasons, and in such cases, the law provides certain provisions to protect the rights of the individuals involved. In India, two such provisions are Section 24 of the Hindu Marriage Act and Section 125 of the Code of Criminal Procedure Code. Let’s understand the difference between these two provisions.

Section 24 of the Hindu Marriage Act:

Section 24 of the Hindu Marriage Act provides for interim maintenance to the spouse who has no sufficient means to support themselves during the pendency of a divorce proceeding. In simpler terms, it means that during the divorce proceedings, if one spouse has no means to support themselves financially, the other spouse is liable to pay interim maintenance to them until the final decree of divorce is passed.

The court considers various factors such as the income and expenses of both the parties, the standard of living they had during the marriage, the health and age of the parties, and the other liabilities and responsibilities of the parties before deciding on the amount of maintenance.

Section 125 of the Code of Criminal Procedure:

Section 125 of the Code of Criminal Procedure provides for maintenance to the wife, children, and parents who are unable to maintain themselves. This provision is not limited to any particular religion, and it applies to all citizens of India. Under this provision, the wife, children, and parents can approach the court for maintenance if the husband or son or daughter is neglecting or refusing to maintain them.

The court considers various factors such as the income and expenses of the husband or son, the standard of living they had during the marriage, the health and age of the parties, and the other liabilities and responsibilities of the parties before deciding on the amount of maintenance.

Difference between Section 24 of the Hindu Marriage Act and Section 125 of the Code of Criminal Procedure:

1. Applicability: Section 24 of the Hindu Marriage Act is applicable only to Hindus, whereas Section 125 of the Code of Criminal Procedure is applicable to all citizens of India.
2. Nature of Maintenance: Section 24 of the Hindu Marriage Act provides for interim maintenance to the spouse during the pendency of a divorce proceeding, whereas Section 125 of the Code of Criminal Procedure provides for maintenance to the wife, children, and parents who are unable to maintain themselves.
3. Grounds for Maintenance: Under Section 24 of the Hindu Marriage Act, the spouse is entitled to interim maintenance irrespective of the reasons for divorce, whereas under Section 125 of the Code of Criminal Procedure, the wife, children, and parents can approach the court for maintenance only if the husband or son or daughter is neglecting or refusing to maintain them.
4. Forum: The forum for claiming maintenance under Section 24 of the Hindu Marriage Act is the Family Court, whereas the forum for claiming maintenance under Section 125 of the Code of Criminal Procedure is the Magistrate’s Court.

In conclusion, while both Section 24 of the Hindu Marriage Act and Section 125 of the Code of Criminal Procedure provide for maintenance to the individuals who are unable to maintain themselves, they differ in their applicability, nature of maintenance, grounds for maintenance, and forum for claiming maintenance. It’s important for individuals to understand these provisions and their rights and obligations under the law.