Happily Divorced (TL) 18 August 2014

Why hama section 18?

I have a query. My wife filed divorce and maintenance under section 18 of hindu adopption maintenance act. I am wondering why she chose this path? please share your inputs.

why not mainenance under crpc 125 or HMA 24/25 or DVC maintenance? why she chose HAMA sec18? Funny part is I was waiting to file divorce after completing 2years of desertion(which is barely a month to go) and cruelty as grounds but all of a sudden she filed divorce :|

A brief desc of my case:

me filed judicial separation.

After discussion with wife and in-laws, withdrew JS and both parties filed MCD agreeing on a MOU settlement moneytary.

MCD dismissed in second motion as wife not inclined to take divorce.

2weeks later 498a, jailed the husband, remand and regular bail.

4 weeks later wife filed divorce and maintenance.

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4 Replies

(Guest)

She has the 5 sections of maintenance facilities under her wrap to choose any one among them to declare herself as parasite.

U/s 18 HAMA---any Hindu married woman would claim maintenance from her husband (On the account of adultery BY her husband, cruelty BY her husband,desertion BY her husband,not taking responsibility of her basic needs if she is unable)

Fight your case on merit....

ESIS

Tajobsindia (Senior Partner ) 25 August 2014

She can file Divorce under cruelty as ground along with S. 18 HAMA only when any maintenance is Ordered by either a Civil or Criminal Court be it interim or final.

Hence, you can file rejection of her suit matter on next date of hearing as not maintainable in Law.

BTW, is she using S. 13 (2) (iii) HMA for seeking divorce?

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Happily Divorced (TL) 03 November 2014

Somehow I missed the second point Tajobs.

@Tajobs,

She filed S. 13(1)(ia) for divorce....on cruelty ground. I fail to understand but you are saying that I can file for rejection of her HAMA maintenance petition? correct? Please confirm and also if possible please provide some inputs where I can find the detailed judgements on the same.

Many thanks Tajobs.