difference between 24hma and free aid

sansh (Querist) 25 February 2015 This query is : Resolved
In 24hma case my husband says I should take free legal aid. He has filed for divorce under cruelty. I have previously worked in it company but after I left 4years back I'm jobless. Presently I work on daily wages at less than 100per day coz I did not get any other job. His income is 55000 per month. Is it maintenance deniable? What should I reply?

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Guest (Expert) 25 February 2015
Dear Sansh,

Your husband cannot compel you to avail free legal aid. It is the discretion of the judge to order your husband to pay you the expenses of the legal proceedings or to allow you to avail free legal aid from court's side.

However, for better appreciation of Section 24 with regard to expenses of proceedings, you may like to read the views of Justice Dhingra at the following link, where Justice Dhingra has explained Section 24 of the HMA in one of his judgments in the case of Manish Kumar vs. Mrs. Pratibha [CM(M) 949/2008]:

https://ipc498a.wordpress.com/2008/10/03/justice-dhingra-explains-section-24-of-the-hma-2008/

As far as Section 24 HMA is concerned that states, as follows:

"24 Maintenance pendente lite and expenses of proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be].”

ajay sethi (Expert) 25 February 2015
you are entitled to claim litigation costs from your husband . in your reply seek maintenance of rs 20,000 per month

R.K Nanda (Expert) 25 February 2015
agree with experts.

P. Venu (Expert) 25 February 2015
SecTion 24 HMA is a self contained provision; the court is not expected to take extraneous matters into consideration.

Rajendra K Goyal (Expert) 25 February 2015
Well advised, agree with the experts.

alexander (Expert) 25 February 2015
agree with Shri Ajay Sethi ji

Dr J C Vashista (Expert) 26 February 2015
I agree with the experts advise despite the fact that it is an academic query.

T. Kalaiselvan, Advocate (Expert) 28 February 2015
Agreed with the experts views, you may decide about the next steps to be taken as per the suggestions given herein above.