Santosh kumar (lect) 05 January 2015

U/s 24 for maintenance

Hello All

My wife filed for interim maintenance u/s 24 , even before the actual trail of the divorce plea starts. Its in the counseling stage. Since this case is a separate case . Would the Divorce proceedings in court start only after disposal of the u/s 24 petition?

I mean since both are separate cases . Wouldn't the court proceedings happen in parallel. Can there be separate date of hearing for the different cases ?

Please note the place where the case is currently running, there is only one family court.

regards

Ramesh Pawar.

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5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 05 January 2015

Different cases will have different dates .... Kapil Chandna Adv 9899011450

Jai Karan Nagwan (consultant) 05 January 2015

If the counselling is happening basis the court order in divorce suit, There can not be independent suit u/s 24. If it has happen, will be clubbed.

A.P.Loganathan (advocate Madras High Court) 06 January 2015

dear brother

being the indian husband you are bound to give the maintenance to your wife

2. your mother also can claim the maintenance from you under the sec 125 of Cr.PC

3. but there must be logic which the judge can easily grasp and your mother claim may reduce the claim o of your wife and it will not absovle you entirely from paying the maintenance to your wife

A.P.Loganathan, 94449 31258

Advocate, Madras HIgh Court

T. Kalaiselvan, Advocate (Advocate) 09 January 2015

I believe that you have mistaken that the IA filed for maintenance u/s 24 of HMA is different from the main divorce case. It should be a part of the main case. If so, the IA application for maintenance will be decided first and then the trial of the main case will begin.