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Discussion > Family Law > Maintenance > interim maintenance payment u/s 24 HMA   Unanswered Threads Post New Topic

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Naresh


In search of job
[ Scorecard : 510]
Posted On 28 July 2010 at 09:58 Report Abuse

Learned members,

 

In interim maintenance case u/s 24 HMA, after the interim order from the family court to pay Rs. 5000 from the date of petition, is it mandatory as per law to pay up the arrears in advance to go for revision to HC. In my case this amount comes to Rs. 60000.

(1) As per my lawyer, he is saying I need to pay this amount to go for revision!!! Is it true?

(2) If a person can pay this amount, then what is the point to go for revision? vise versa, if the person can't pay this amount, then he can't go for revision at all? Is it not restricting the justice?

(3) As it is an interim order, it is not based on the merits, but simply based on the claims, so the order given on the claims, how can it be enforced by courts?

 

Please clarify, these doubts and how to solve based on your experiences and knowledge.

 

-Naresh 



D. Arun Kumar


Medical Value Travel
[ Scorecard : 3775]
Posted On 28 July 2010 at 18:12 Report Abuse

1. Part payment or full payment of arrers purely depends on the Court discrition (read mood) and further read with JD's soob soob soob factor before Revision Court. Check about the average mood factorof the revision court ld. Judge in past few cases from your ld. Adv. and also prepare for next para


2. Carry a Cheque and pray Revision Court to hold it in file in case you win the revision on facts and mixed point of law then return back otherwise bind (indirectly) the revision Court for early proceedings to end the Revision controversy.


You may kill two ........ (I somehow can't openly call Ld. Court a bird so omitting saying directly so) with one doable thinking now choice is all yours how strong your side is with such desperate pleadings :-) 

Rgds.


Member (Account Deleted)


Advocate
[ Scorecard : 5659]
Posted On 28 July 2010 at 21:06 Report Abuse

You have got a point.  Putting a pre condition of full payment awarded in impugned order to take up revision petition is restricting the access to justice.  But can you convince the judge?  The other party may be completely and wholly dependent upon the maintenance amount.  Who knows?  After losing the revision petition, you may harass the other party to pay the amount and prolong the execution proceedings.  Who knows?  Hence, directing the part payment immedately to the other party may, perhaps, meet the ends of justice.


D. Arun Kumar


Medical Value Travel
[ Scorecard : 3775]
Posted On 29 July 2010 at 00:04 Report Abuse

thks. who knows the revisionist actually approached the revision court bze who knows he really do not hv the capacity and just has a common man's "intution" carried to revision court to "seek justice" !


Dalip Kumar Chhabra


Advocate
[ Scorecard : 155]
Posted On 31 July 2010 at 14:19 Report Abuse

Prior Payment of maintenance u/s 24

Dear

Worries comes from all sides.  You are not  the only person to say/avoid payment of maintenance.   These days , it is noticed that in one way or the other , maintenance amount is not intentionally (not always) paid and made available to the wife, only with a view to keep her in more economic paucity of funds and prevent from giving due contest to the litigation of other side.   The courts have also observed all the delayed tactics of respondent/husband while shrinking from making regular payments, as such, Hon'ble High court of Delhi in case : RAJEEV PRINJIA VERSUS SARIKA "  has passed directions for the lower courts dealing with matrimonial    courts whether criminal or HMA to keep in mind the effective recoveries for worried  fundless wife and even in case  of "Gaurav Sondhi " hon'ble High court of Delhi has further directed to put barriers on delayed tactics by further holding  that seeing first default to put 25% penality and further for another regular  defaults  to penlise husband upto 50% of the monthly maintenance.

        So far your quarry about - mandate to deposit arrears before your are heard on your Revision/appeal against maintenance order- is concerned... in view of the above scanario , it is not denial of justice.  Because you equally have the right of adjustment of paid amount on modification or lowering maintenance amount.  But keep in mind that payment of maintenance is essential so as to gain something from the courts , as you being bound to maintain your wife or child , cannot put the maintenance in abayance , under the garb of your filing Revision or appeal, without therebeing any stay order against maintenance orders...

So have faith in judicial system and make payment without haste so as to bring the cat out of the bag, if the order is not properly given and certainly, I am of the view that if your versions are correct, the Revisional and or appellate court would modify the order and the amount so paid shall be adjudgested . AND in all the cases you have to clear the amount of maintenance.   To my mind making regular payment will rather show your sincerety towards courts, your wife and kids and will save you to pay a big stoney accumulated amount in one go.   

Keep on maintaining your wife

DKChhabra Advocate 


bapu tembekar


manager
[ Scorecard : 22]
Posted On 06 December 2010 at 20:38 Report Abuse

i my case court had given the interium order of Rs. 8000/- pm, and Rs. 15000/- towards legal expenses for which i had not gone for revision, but in the final order maintenance amount was reduced to Rs. 5000/- (date of effective of the maintenace is not mentioned in the final order) and cost for the suit rs. 10000/- .  now i wanted to  know whether can i adjust the excess amount paid by me as per Rs. 8000/- per month from the date of application of interium maintenance or not,   


Dalip Kumar Chhabra


Advocate
[ Scorecard : 155]
Posted On 12 December 2010 at 14:18 Report Abuse

Yes,  All interim orders are subject to final out come of the case and stood merged therein.  Even if , all arrears paid under interim orders, if excessive, can always be adjusted in terms of  final orders.  If order is silent on date of commence. Than pay it from the date of order after having adjusted the excess paid, till the court itself clarifies the date of commencement.

DKC   


Naresh


In search of job
[ Scorecard : 510]
Posted On 12 December 2010 at 18:36 Report Abuse

 

Dear Dalip Kumar Chhabra sir,

 

Could you please enlighten me after the arrears of interim maintenance are paid up, then as the petitioner can I demand the speedy disposal of the divorce case?

 

Is there a way to speed up the divorce case proceedings?

 

Also, the main petition for maintenance case u/s 18 HAMA is still pending in which wife is the petitioner, she has not yet submitted the chief affidavit, which is mandatory to cross examination to happen and hence simply dates are coming but no progress!!! So, in these circumstances, is there any rule that this can't proceed until the disposal of divorce case? If no, then how to force them to submit the chief affidavit?

 

Thank you sir


Dalip Kumar Chhabra


Advocate
[ Scorecard : 155]
Posted On 12 December 2010 at 22:01 Report Abuse

In view of latest judgment of Delhi High court, you being sufferrer , you must ask for early disposal otherwise,  dismiss the petition, in view of justice Dhingra Judgment. this was a case where wife lingered on the proceedings and getting maintenance.  Hon'ble Judge, dismissed the petition.

Speedy disposal is your fundamental right.  Certainly you can also ask therefor.

DKC 


Dalip Kumar Chhabra


Advocate
[ Scorecard : 155]
Posted On 13 December 2010 at 19:40 Report Abuse

In view of latest law laid down by Hon'ble  Delhi High court  now a days multiple maintenance petitions are not allowed to continue  She can claim maintainance only once and at one place and now in various peteitions.  The maintenance is to be paid in one of the case.  So please move the courts for dismissal of rest of the petitions, being abuse of process of law .

file:///F:/New%20Folder%20(2)/AUTHORITIES%20-CASE%20LAW/Maintenance/Multiple%20maintenance%20petitions%20-%20not%20allowed%20DH%20C.pdf

 

 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: August 25, 2010 Date of Order: 30th August, 2010 + Crl.M.C.No. 130/2010 & Crl.M.A.No. 504/2010 % 30.8.2010 Rachna Kathuria ... Petitioner Through: Mr. P.Narula, Advocate Versus Ramesh Kathuria ... Respondent Through:Mr. S.S.Saluja, Advocate JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of local papers may be allowed to see the judgment? Yes. 2. To be referred to the reporter or not? Yes. 3. Whether judgment should be reported in Digest? Yes. JUDGMENT By this petition under Section 482 Cr.P.C. the petitioner has ass ailed an order dated 22nd October 2009 of learned Additional Sessions Judge passed in appeal whereby the appeal of the petitioner was dismissed.

2. The petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act) and along with it she filed an application under Section 29 of the Act seeking maintenance. The learned Court of MM observed that petitioner was living separate from her husband since 3rd January, 1996. She had filed a Civil Suit under Hindu Adoption and Maintenance Act and an application under Section 125 Cr.P.C. and Crl. she was getting a total maintenance of ` 4000/- per month from the respondent. In case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her was to approach the concerned Court for modification of the order as already observed by the High Court in a petition filed by her earlier and the application was dismissed. Against this petitioner preferred an appeal. The learned Additional District Judge dismissed the appeal and the petitioner has preferred this petition.

3. It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track. If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance Crl. already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed. August 30, 2010 SHIV NARAYAN DHINGRA, J.



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