Does s.24 hma suspend the divorce proceedings ?

Adv.R.P.Chugh (Querist) 21 March 2012 This query is : Resolved
Good Morning Ld.Seniors,
I have a case in which I am appearing for the husband - who has filed a divorce petition - respondent/wife is not filing WS even after several adjournments - I've argued for constructive admission (O.8 R.5(2) This time last opportunity - she had to file within 30 days - she did not - However I do really anticipate that she would come up with 24 HMA this hearing. Is she absolved of her obligation to file WS until 24 gets decided ?

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Ghanshyam Prasad (Expert) 21 March 2012
First she has to file w.s.then only pet.u/s24.

V R SHROFF (Expert) 21 March 2012
During pending hrg sec 24 app can be filed.
WS, CAN BE ALLOWED IF COURT SO DESIRE.
THESE ARE TWO INDEPENDENT MATTER.

but yes, 24 exist till case exist.

Argument on wife side can be " HoW can she fight court case "HUNGRY STOMACH" starving , no money to travel to court!!

Jeevesh (Expert) 21 March 2012
the 24 appln and the filing of written statement, both are different matter. the crux of s.24 is that either of the parties does not independent source of income sufficient for his/her maintenance and that he or she cannot bear necessary expenses of the proceedings. s 24 applies only till proceedings last. You can always argue that she does not have any defense to make as she has not filed the WS and therefore there can be no question bearing expenses of the proceedings.