HMA 24 before Transfer of HMA13
INDIAN LADY
(Querist) 21 March 2014
This query is : Resolved
Sir , My husband filed HMA13 in Patiala (Punjab ) against 125 from my side in Amritsar. Before receiving summons from Patiala court I moved the application HC to transfer the HMA 13 in Amritsar. Which is allowed by HC due to non appearance of my husband in HC even after serving the summons to him. 2 months hv passed and case is still in Patiala with reason AWAITING FOR ORDER. Now my query is as case is still in Patiala but transfer is allowed by HC , so can I move the application of HMA 24 ? I want to mention that I hv been awarded interim in 125 along with my minor son and and I m abt to move for execution . Kindly advise
V R SHROFF
(Expert) 21 March 2014
as getting 125 mtn, better wait for trf of case, postpone 24 hma , FOR FEW MONTHS.
U CAN MOVE 24, BUT I RECOMMEND TO WAIT, AS 125 WILL BE ADJUSTED IN 24
ajay sethi
(Expert) 21 March 2014
you have already got interim maintenance under section 125 Cr Pc . your husband has filed for divorce and on your application case is transferred to Amritsar .
no urgency in filing for maintenance under section 24 HMA . court will consider maintenance already awarded under section 125 CR pc
Devajyoti Barman
(Expert) 21 March 2014
You can apply for alimony u/s 24 HMA. However do remember any order passed there under will be subject to adjustment with order passed u/s 125 crpc proceeding.
INDIAN LADY
(Querist) 21 March 2014
Thanks for advise. But I just want to drag the divorce case. My advocate for divorce case is asking for very heavy amt and all in advance where as for HMA 24 my advocate is not same and his fee can be given in conviniently that why I was planning for HMA 24
Devajyoti Barman
(Expert) 21 March 2014
There is no dearth for lawyers. if anyone is found to be expensive, you can always look for cheaper lawyer.
Rajendra K Goyal
(Expert) 22 March 2014
Well advised, agree with the experts. better wait for some time.
INDIAN LADY
(Querist) 22 March 2014
Thanks to all for advise.
INDIAN LADY
(Querist) 22 March 2014
Thanks to all for advise.
Nadeem Qureshi
(Expert) 24 March 2014
section 24 of HMA will not be fruitful at this stage but when the Patiala Court transfer the matter in Amritsar Court then you should filed the application u/s 24 of HMA.
it will be better to file execution petition before court who passed interim maintenance order u/s 125 of Cr.P.C.
If you think that the advocate is very costly then search any other lawyer who fight your case with reasonable amount or file an application before court or orally submitted for Legal Aid or contact District Legal Aid Service for free service of Lawyers for your case.
Feel Free to Call
T. Kalaiselvan, Advocate
(Expert) 24 March 2014
I think all the experts have advised you more than sufficient, thus if it is just because of the reason that the 24 HMA lawyer is demanding lesser fee that you want to file this petition, it is not advisable, and if you find the 125 Cr PC lawyer is too expensive, you may change him and look for another lawyer since you have stated to have already been granted an award of maintenance amount in it, so only execution part of it is remaining to be filed.
