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CompelledToLearnLaw (Financial Examiner)     18 March 2015

Whose hma 24 application gets decided first?

Dear experts, in the divorce proceedings, the wife has filed HMA 24 asking for 60000 per month in maintenance, 2000 per hearing, and 75000 in litigation costs from a foreign national husband. I know that HMA 24 will get decided even before the filing of the written statement in the divorce proceedings.(Pls correct me if I’m wrong) Now, if the husband also lodges an application of HMA 24, will the judge have to decide the husband’s HMA 24 first? Even before the filing of reply to the wife’s HMA 24? 



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 6 Replies

fighting back (exec)     18 March 2015

hma 24 can be filed by the opposite party who files the case and not the applicant in divorce proceedings, case will run on merit, the proof of income presentation of the opposite party will go in the applicants favor...or else dismissed. simple as that

CompelledToLearnLaw (Financial Examiner)     18 March 2015

Thanks Fighting back. But there is no bar to prevent the petitioner from filing the application of HMA 24. It's a very common practice. But it’s very uncommon for the husband to ever file HMA 24. It’s so uncommon that the husband’s unofficial-lawyer told him, “they’ll get a shock when u file HMA 24.” So it must be a rare practice.

 

This is my hypothesis on the original query: Both of the HMA 24 applications will proceed at their natural pace. One HMA 24 will not affect the other. If either party pretends that they have no means to hire an advocate, a legal aid council will be provided to them.

 

But a couple of supplementary questions for the experts; I did a fair amount of research on the questions below but I could not find a definitive answer:

Am I correct in assuming that while HMA 24 is being decided, the applicant of HMA 24 is under no obligation to continue fighting the case of HMA 13?

Further, if a writ petition against the order of HMA 24 is filed in the High Court by the applicant of HMA 24, is the applicant under obligation to continue the litigation of HMA 13 while the writ petition is pending in the High Court?

Adv. Chandrasekhar (Advocate)     18 March 2015

Both the S. 24 applications will be tagged together and after receiving replies on those two applications, will be disposed off simultaneously, allowing one application while dismissing the other or dismissing the both, but not allowing both.

1 Like

CompelledToLearnLaw (Financial Examiner)     18 March 2015

Thanks Adv. Chandrasekhar ji. As always, ur inputs are brim with knowledge.

 

Also Adv. Chandrasekhar ji, if time allows, pls try to help me with these questions:

  1. Am I correct in assuming that while HMA 24 is being decided, the applicant of HMA 24 is under no obligation to continue fighting the case of HMA 13?
  2. If a writ petition against the order of HMA 24 is filed in the High Court by the applicant of HMA 24, is the applicant under obligation to continue the litigation of HMA 13 while the writ petition is pending in the High Court without a stay on the proceedings of HMA 13? 

Adv. Chandrasekhar (Advocate)     18 March 2015

The applicant of Section 24 cannot demand (be she/he a petitioner or respondent in original petition) that the proceedings before the trial court have to be stayed till the disposal of Section 24 application either way.  The courts are duty bound to dispose of such application expeditiously, but in the meantime send the parties to mediation/counselling and also direct the respondent of the main petition to file the reply.  In normal practice, if the court observes that the applicant of Section 24 is really in indigent condition and unable even to attend the court on financial grounds, prevails on the non-applicant to provide travelling, boarding and lodging expenses for the court dates, till the disposal of the S.24 application.  It shall be most of the times oral instructions without reducing them on the record.  Such measures practices by the courts will help the S.24 applicant to attend the mediation sessions effectively.

Second point, H.C. generally consider the S.24 application dismissal orders by the trial courts in either civil revision (in some High Courts) u/s. 115 c.p.c. or under Article 227 of COI as Civil Misc. Petition, but not under Article 226 of COI (which is generally called writ petition).  If express stay is not granted to S.24 applicant in High Court, the divorce proceedings go on without hinderance in the trial court.  Generally, while considering S.24 stay is not granted and in necessary cases, as narrated above, the courts direct interim measurements against the non-applicant to the needy S.24 applicant, like payment of a fixed amount per every date in the trial court and sometimes even for High Court dates.  The courts shall be very wary  whether S.24 challenge before the High Court is not an attempt to delay the trial court proceedings.

1 Like

CompelledToLearnLaw (Financial Examiner)     18 March 2015

Thanks again Adv. Chandrasekhar ji for clarifying things and for providing valuable information free of cost. The procedures mentioned in your post are very sensible procedures adopted by the courts. 


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