Section 27 will go against in contesting divorce case

Guest (Querist) 16 June 2014 This query is : Resolved
Hello All,

My husband filed divorce case based on cruelity. Statement recording stage has been completed. Now next stage is for arguments. I want to file section 24 and Section 27. I have kid (minor).

I am contesting the divorce case and do not want divorce.

Will Section 27 go against me in the court as at one side I do not want divorce and other side I am asking to return my stridhan ??

There are some rulings where court see section 27 against. But in those rulings divorce was filed by wife and later dismissed the petition.

Note : I am working and earning good salary. Husband is NRI and earning very good.Kid is with me from last 5 years. Have not asked sole child custody.

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Devajyoti Barman (Expert) 16 June 2014
Now it is too late.
Only final verdict will be delivered.
For maintenance you can file case under PWDV Act.

Rajendra K Goyal (Expert) 16 June 2014
Agree with the expert Barman ji.

Sankaranarayanan (Expert) 16 June 2014
i do agree

Rajeev Kumar (Expert) 16 June 2014
I too agree with Barman sir.

Guest (Querist) 17 June 2014
Experts,

Thanks, for prompt reply. Filing of section 24 and 27 in family court in a view of high court.

Means If I will loose this case then atleast I can take up Section 24 and 27 to high court because papers are presented in family court.

I heard that if I did not file in family court then cannot file anywhere specifically section 27.

T. Kalaiselvan, Advocate (Expert) 20 June 2014
It is better you go ahead with section 27 petition, this will not hamper your challenge to his divorce case against you, even the interim maintenance petition can be filed but since you are employed, it may not sustain.

Guest (Querist) 20 June 2014
Thanks, T. Kalaiselvan Sir. I will go ahead.

G. ARAVINTHAN (Expert) 27 June 2014
Every woman have right to access to her Stridhan Properties. so you can file any time. Also application for maintenance for child, for which father cannot deny his liability.

But take note of the fact that Court must not come to conclusion that these application were being filed to drag on the case and to protract the proceeings

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