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Kg   20 April 2017

Effect of hma 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 right time Wife attended Court and appointed Advocate and asked for time to file Reply and Court granted 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 Rs. 14500/- p.m.  And   (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     Rs. 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

 



Learning

 2 Replies

Mukesh sharma (job )     20 April 2017

Hello your divorce petition is continue running together with your wife maint. case which she filed .

more you dont worry about to paid main. howmuch she asking for month if she ask 14,500 thats she demand but court will decide in behalf of your condition and her condition how much she need for her living and than court will decide amount for paid to her monthaly, 

if she working somehwhere and earning money monthaly and money is enough for her main. than court should not grant any main.  but if she not working than court will check her condition if you have chlid and he/ she living with her mother than /court will look also his need and than set your main.

 

sai narayana   26 April 2017

In any case, the maintenance applications will be given priority. Unless and until they are decided the main case will not move on.

If your wife is earning sufficiently by either salary or rents or interest on FDs then you can escape from paying otherwise ready to forego some portion of salary.


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