Section 24 of hma
SANKET UPADHYAY
(Querist) 11 July 2014
This query is : Resolved
DEAR SIR,
IN THIS CASE HUSBAND AND WIFE HAD A LOVE MARRIAGE. AND MARRIAGE IS REGISTERED UNDER HMA ACT.WIFE DOING JOB FAR FORM HUSBAND'S TOWN.THEY MET ON HOLIDAYS AND IN VACATION.TOTAL MARRIAGE LIFE IS ONE YEAR. NOW THERE IS A DISPUTE ARISE BETWEEN COUPLE.HUSBAND HAS FILE HMP UNDER SECTION 9 OF HMA IN FAMILY COURT. WIFE HAS FILED HER ANSWER.AND ALSO FILE APPLICATION OF MAINTENANCE UNDER SECTION 24 OF HMA.
WIFE HAS DENIES THIS MARRIAGE IN HER ANSWER.THIS MARRIAGE IS ILLEGAL, VOID, STATED BY WIFE. AND ALSO STATED THAT SHE IS NOT ACCEPT THIS MARRIAGE.THE CASE IS ON STAGE OF HEARING OF INTERIM RELIEF.
NOW MY QUESTION IS...
IF WIFE DO NOT ACCEPT THIS MARRIAGE THEN HOW CAN SHE WANT RELIEF UNDER SECTION 24 OF HMA.?
WHAT IS THE REMEDY FOR HUSBAND?
KINDLY REPLY.
Devajyoti Barman
(Expert) 11 July 2014
Wife is entitled to alimony pendente lite u/s 24 HMA even if the suit is filed for nullity of marriage.
Dr J C Vashista
(Expert) 12 July 2014
When the marriage is registered u/s 8 of the HMA 1955, how it can be denied or claimed to be illegal and void?
Either false or imaginary/hypothetical information.
Rajendra K Goyal
(Expert) 12 July 2014
For a registered marriage, strange claim for not accepting the marriage.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 July 2014
when wife says no legal marriage she can not claim any benefits.
There is good HC KAR judgement that mere registration paper is not final , its legality can be contested.
so file petition for nullity.
prabhakar singh
(Expert) 12 July 2014
PRIMA FACIE THERE IS PROOF OF MARRIAGE BUT THE PARTY WHO HERSELF DENIES MARRIAGE CAN NOT CLAIM INTERIM RELIEFS. MOREOVER SHE IS EMPLOYED ALSO.
ajay sethi
(Expert) 12 July 2014
working wife is not entitled to maintenance .once marriage is duly registered with consent of parties how can wife claim marriage is void .
T. Kalaiselvan, Advocate
(Expert) 13 July 2014
It is true that the employed wife will not be granted with interim or permanent maintenance by the court atleast to the extent of her request, but it cannot be set aside that she is not entitled to claim maintenance even if the marriage has been decreed as null and void. There is no such provision in Hindu marriage act to reject maintenance on the grounds of marriage annulled by a decree as null and void. In this case the court has not yet decided about the issue of annulment hence the application for interim mainetnance cannot be dismissed/rejected on this grounds.
SANKET UPADHYAY
(Querist) 14 July 2014
DEAR SIR ( T.KALAISELVAN),
WIFE HAS FILE HER STATEMENT BEFORE THE COURT THAT SHE DENIES THIS MARRIAGE. AND ALSO STATED THAT THIS IS NOT HER HUSBAND.IF WIFE HAS NOT ACCEPT THIS MARRIAGE AND NOT ACCEPT HER HUSBAND HOW CAN SHE GET MAINTENANCE?
ONE SIDE SHE DO NOT ACCEPT HER HUSBAND. AND OTHER SIDE SHE WANTING MAINTENANCE AS A WIFE? HOW IT POSSIBLE?
REPLY PLS.
V R SHROFF
(Expert) 14 July 2014
WHAT IS THE REMEDY FOR HUSBAND?
ANS: PAY LITIGATION EXP , AS PROVIDED U/S 24
no escape. If her income not proved, be ready to pay her mtn too.
Her statement have to be proved!!
All statements cannot be taken for granted. Court will decide, her everments are true or false.
OK------ ADV UPADHYAY??
