Civil Procedure Code (CPC)

Again section 24 of hma


I filed a divorce case against my wife in 2008 in the court of ADJ. She filed sec 24 and 26 of HMA for interim maintenance claiming that she is unemployed Court ordered me to pay 15,000 per mth I didn't pay a single paisa court dismissed my petition of divorce and my wife didn't file any petition for execution.

 

Now in 2016, my wife has filed a petition of divorce in the court of Family judge with again section 24 and 26 of HMA claiming that now she is working in MNC and her salary is 15000 and claiming maintenance of Rs 1 Lac

 

How can a lady claim interim maintenance again in same section where she has already awarded before????

 
Reply   
 
N.A

No section 24 and 26 of HMA is not maintainable.

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Dear Sidharth,

 

You have 3 options now -

 

1) Please don't attend the court and let the divorce be ex-parte since there is no execution for sec 24 and sec 26 of HMA.

 

2) Please file set-aside petition to avoid any contest on her allegations with no objection on divorce.

 

3) You also can file section 24 HMA against her with all proof of her income details and claim maintenance and litigation cost  and contest her divorce petition. Also can file Section 25 of HMA during the decree of divorce with all proof of her income details and claim permanent alimony.

 

Note: - All laws/provision present under Hindu Marriage Act (HMA) are gender equal. So whatever she can file you also can file.

 

https://www.facebook.com/RockySmith4Calcutta/


Total likes : 1 times

 
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Dear Mr Rocky,

 

I want to file application to dismiss the application u/s 24 and 26 of HMA

Which section will be applied for this???? 

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

There is no such dismiss provision.  You have to file WS against both on merit. 

 

https://www.facebook.com/RockySmith4Calcutta/

 
Reply   
 

So i should file replyto  the maintenance application

and argue on maintainability of application because no lady can file sec 24 of HMA twice

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Unfortunately, there is no relation with previous order and current MAT suit hence case is maintainable.  Either you need to contest or you can choose other options as I stated above. 

 

https://www.facebook.com/RockySmith4Calcutta/

 
Reply   
 

Siddarth bhai,

No lady can file S24 twice is true but the previous one is not in live as your hma petition is no longer alive. So in new hma petion, she has every right to file 24hma and 26hma, we have to fight on merits. The previous sanction of reliefs and your non-adherence will be favourable to her and the new circumstance, her job will be favourable to you.

 

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

I personally recommend option 2 with permanent alimony petition u/s 25 of HMA.

 

https://www.facebook.com/RockySmith4Calcutta/

 
Reply   
 

Originally posted by : sai narayana
Siddarth bhai,

but the previous one is not in live as your hma petition is no longer alive. So in new hma petion, she has every right to file 24hma and 26hma, 
 
 

I dont agree with this as even after dismissal of divorce petition, Sec 24 still alive and the lady has the right to file the case of  execution 

 
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