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Sidharth   14 September 2016

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????



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 60 Replies

Sachin (N.A)     14 September 2016

No section 24 and 26 of HMA is not maintainable.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 September 2016

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/

1 Like

Sidharth   14 September 2016

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???? 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 September 2016

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

 

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

Sidharth   14 September 2016

So i should file replyto  the maintenance application

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

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 September 2016

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/

sai narayana   14 September 2016

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.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 September 2016

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

 

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

Sidharth   14 September 2016

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 

Sachin (N.A)     14 September 2016

Quriest should file the

application u/s 151 cpc for the dismissal of application filed by the petitioner 

Ground:

1. Multiple maintenaince petition cannot be allowed 

2. Same relif is already granted to the petitioner in the same section  and she has only right to file the case of execution.

sai narayana   14 September 2016

Siddarth Bhai She can claim the arrears of the previous instance by execution petition and also can claim S24 and S26 afresh in newly filed MAT. S24 means pendent lite and so it dies as soon as the main petition dies (decreed/dismissed). And so the previous S24 is no longer alive and only it's arrears are due from your end and so better not to touch the previous S24 in new S24. As the previous S24 is lost its currency (not alive) so the Sachin bhai's version of multiple S24 is untenable.

Adv Aneesh Trivedi 9424449500 (Advocate)     14 September 2016

linger on her cased dont accept notice / summons till she go for publication"

reason:1] she wont run too long with divorce case

2] her lawyer also want fees.....,

3] she have to attend dates as her interest is to fulfill

if she really want divorce the after application of her publication court order her to publish , let her go ex parte but after mean time that is appeal time you made sudden entry and set aside her exparte order which is very easy and again after two three year case will start from Zero and run for more two three

till then she get haraased . lost interest ............................it may be possible she wont come for her evdiecer and her application get dismiss, lastly it is your win

lady interested in divorce means she is searching new parter or already she serached and want to mary her as early as possible..

so psychologycally you hararass her by her own weapon , even if she get married then she will be keep of that person.\

if within exparte order and appeal she married and you suceed in setasiding the order the her marriage in not consumate then again she is married wife of yours if she conceived then again it will be very tough to fight for her

so keep patience,,,,,,, whatever you are going to do .... do by practical thinking.... and of course with tacts and patience also follow the best advice from experts which suits you well..............i did this and i suceed in dismissing wife application , as after publication i enter and withing five month the case is dismissed and she was in court but not in court room for her evidence..... note: i won her sec 24 also my statement is " I am ready to take her back let order the same immediatley"

she denied and have no reason............after many councelling ...\

Sidharth   14 September 2016

Thanks to all. Please answer one more thing.

 

Last time means in the year 2008 when she filed section 24 ( that application was decided in year 2010), that petition was on false grounds like she was unemployed and my source of income etc.

I am thinking to file application of perjury against her previous application and also thinking to reopoen the previous case and when this application will be pending court can not hear two sec 24 simutaniously.

Will this help?????

sai narayana   14 September 2016

Perjury can be filed any time even after the closure of case also. But please do remember she may have got the job after filing affidavit in S24.

S24 currency is over when the main petition itself is over. If she files asks the court for recovery of arrears then you can convey your version but it's not all a in-currency S24 so once again your version of two S24 is untenable.


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