Effect of ham 24


Res. Sir / Madam

Husband stays in Jaipur, RAJASTHAN

Wife stays at her Parent's Home at Mumbai, MAHARASHTRA 

FACTS :-

Husband filed Divorce Petition u/s.13 (1) (a) of HMA in July 2016 at JAIPUR 

Wife was served summons at Mumbai

Wife appeared in Court in August 2016 But thereafter Wife did not attended Court consecutive for 11 Dates and the Matter was kept for Ex-Party Order after completion of several procedure 

But on rigfht time Wife attended Court and appointed Advocate and asked for time to file Reply and Court garnted Her two weeks time to file Reply

But in the meanwhile Wife filed an application u/s. 24 of HMA and prayed for exps. and manit. as under :-

   (1)   Maint                                                                                            14500/- p.m.

   (2)   To and Fro Exps. From Mumbai to Jaipur for two persons one for

          Herself and one for Her Mother to accompany her in Court  3rd AC     8500/- per trip

 

My problem is that

(1) Whether such heavy Exps. can be allowed . My Taxable Salary is 65000/- per Month

(2) Whther the application u/s. 24 of HMA will be decided First before the Original  Divorce

    Petition filed by the Husband

    OR

   Divorce Petition can be decided first

 

Kindly Guide

HARIOM

 

 

 
Reply   
 

If your wife is not earning then court can will decide the Application u/s 24 first before proceeding any further.

She is can claim travelling expense and maintenance for herself but not for her mother.

If you have strong evidence in support of your divorce petition only then to continue your divorce case else withdraw the case before the next date of hearing. As there is difference in filing the case and proving the case.

 

 
Reply   
 



Thanks Sachin ji for your comment

 

But Wife is not earning  Or  if she is earning then I have no proof thereof

 

Once again Whether Husband can press to decide first the Divorce Petition filed u/s 13 (1) of HMA

 

HARIOM

 
Reply   
 

application u/s. 24 of HMA will decide First before the Original Divorce. If she is not earning court will grant her maintainence. She can claim travelling expense also. Do you have prove of the allegations which you file in divorce?
 
Reply   
 

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