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santosh mahdeley   23 January 2016

Hma 24


 

  1. she lodge section 24 hma on me,  if i withdrawn section 9, despite of that i have to pay interam?? i have no kids.
  2. if i dont have to pay interam, after withdrawl section 9, so i could also lodge a section 24hma gainst her? coz she state in 24hma application, that she used to work in so and so hospital with 14k in past with experience certificate.
  3. its better to withdrawn sec 9? coz she lodge a 498a.406 in her hometown bhopal. 
  4. should i get some benifit coz i lodge section 9 first than after she lodge dowrey case.
  5. shell i can lodge sec 13 against her after withdrawl sec 9 


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 1 Replies

Vijay Raj Mahajan (Advocate)     24 January 2016

 

The application u/s 24 HMA get dismissed along with the RCR Petition u/s 9 HMA if you withdraw it now.

The wife can always file for divorce u/s 13 HMA even while your RCR u/s 9 HMA is going on, as a counter claim.

The criminal complaint for dowry and cruelty u/s 498A, DV Act, DP Act etc. can be filed against you by your wife even if your RCR is going on, those are different cases and your defense of RCR will not matter as those relates to previous acts that is stated by your wife have been committed by you, in RCR you seek her to resume conjugal relationship that doesn't debar her claim her allegations of cruelty, dowry demand against you.

Yes you can seek maintenance pendetilite from your wife u/s 24 HMA if you do not have income and she has the same, but your claim will require your explanation to why that was so when previously you were employed and had income much more than her.


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