Again section 24 of hma

What if I do not pay maintenance amount order u/s 24 of HMA

Can court stop me for further defending the case and my wife will got the divorce???.

as i my case happend court charged me 1000 rs which i agreed by my wish, and this was as a punishment as i am not getting summons sent by her many times, even i dont pay it wont affect to anybody but by this judge read my mind, as the case was going to start and concelling phase yet to be start,,

my advocate was not happy as i paid 1000 rs immeditely but according me this was direct insult of my wife in front of court............ as court valuation is of only 1000 rs only........ if i resist then i will be much less........ but i paid as it is  profitable .....\

so as per my veiw it is mind set o judge which we have to read............

but now a days judge dont give order to pay huge ammont as an interim maintenace but if we convinced them with proof and told them wife left herself without any cause.......and she is educated and earning then NO MAINTENCAE . in my case opposite lawyer insist judge to award maintencance but judge clearly refused ans said roughtly " WHY SHE IS NOT GOING WITH HER HUSBAND WHEN HE READY TO TAKE HER BACK, "

again lawyer said please award some maintenace but judge said this time rudely " IT IS NOT MANDATORY"

So in this way i had seen ful scenerio there so, its my practical experience so i said accordingly--- it may vary... so i said after listening the advice of experts act with full and proper guidance and councelling...

Please make a note that Section 24 HMA is valid till the main MAT suit is valid. Your divorce petition (Main MAT suit) is already dismissed so previous order of maintenance is no longer valid.

 

For execution of section 26 HMA. Attachment of asset is required. If she can’t produce she hardly gets any maintenance. 

 

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Dear All,

 

I understood all your points.

Thanks to all of you.

But one last thing i want to know if court order some maintenance amount and if i dont pay that will court cancell my right to defend divorce case which is filed by my wife???

Originally posted by : Sidharth
	Dear All,   I understood all your points. Thanks to all of you. But one last thing i want to know if court order some maintenance amount and if i dont pay that will court cancell my right to defend divorce case which is filed by my wife???

 

Answer is - NO.

If you don’t pay, then at most, main MAT suit (Divorce filed by your wife) will be kept on hold. 

 

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The non-adherence of S24 will leads to strike of your defence but you can cross-examin the petitioner only on the points in petitioner pleadings/evidence but not related exclusively to your points of defence.

Dear Mr Narayana

 

Please explain " but not related exclusively to your points of defence."

 

Thanks

The points of petitioner are suppose A)..... B)..... C)..... D).... The points of defence are A).... B)..... C)...... E)..... If your defence is struck of, you can cross-examin on A,B,C and also on D but not allowed on E.

Thanks to all of you for your time and sharing knowlege

Yes the wife can ask for maintenance during pendency of main petition for divorce under section 24 for herself and under section 26 for the minor child under the Hindu Marriage Act,1955.

There is no question of resjudicata operating in this case as the interim maitenance that is sought is only for limited period that is till the main petition under the Act is being adjudicated and decided.

What was decided in 2008 has no bearing on the matter now in 2016 which is absolutely fresh in the court. The execution of previous order of maintenance granted was possible for wife within 3 years of passing of that order, the time limit for execution for money decree which is over long back now.

Thanks Vijay sir,

Through you i came to know a new point "The execution of previous order of maintenance granted was possible for wife within 3 years of passing of that order, the time limit for execution for money decree"

Some one has PM me that

 

There is no provision in the HMA Act to the effect that in the event of husband failing to pay interim maintenance and litigation expenses awarded by the Court u/s 24 of HMA, 

Court  to dismiss the original petition of divorce ( if filed by husband) or strike out the defence ( if divorce petioiton is filed by wife)

 

Is it correct ????

So as per this advise court may do that only u/s 151 cpc and court can only strike out defense evidence and not cross examination. Is it correct??????/

Non payment of money due can be executed by the decree holder, court as such cannot strike down defence or dismiss the main petition as there is no provision under the Hindu Marriage Act for this nor CPC provides it. Any court doing such act is doing it under its inherent powers but that power cannot be misused to punish the defaulter party if there exists provision of execution of money decree let that process be carried out than striking down defence or dismissing the main petition. It all depends how strong your counsel is to convince the court.

Non payment of money due can be executed by the decree holder, court as such cannot strike down defence or dismiss the main petition as there is no provision under the Hindu Marriage Act for this nor CPC provides it. Any court doing such act is doing it under its inherent powers but that power cannot be misused to punish the defaulter party if there exists provision of execution of money decree let that process be carried out than striking down defence or dismissing the main petition. It all depends how strong your counsel is to convince the court.