Krishna 20 June 2018

Alimony HMA u/s 25

my wife fraudulently married filed HMA u/s 25 permanent alimony of Rs.25 lakhs and CRPC 125 Rs.25000 pm as separate cases.In 1st case HMA u/s 25, while filing counter can I make counter claim u/s 25 of HMA.my wife is more qualified and earning than me and due to multiple cases i lost peace and job

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5 Replies

Aman chawla (DELHI HIGH COURT ADVOCATE) 20 June 2018

Independent section 25 of HMA is not maintainable.

was there any HMA proceeding previously or pending?

Thanks,

Regards,

Aman Chawla

Krishna 20 June 2018

After I filed for divorce, she filed 1) divorce u/s 13(1a) & alimony Rs 25 lakhs u/s 25 of HMA in one petition 2) CrPc 125 in 2nd petition in the same court. as I can not afford i am fighting on my own, now filing counter in case 1. divorce cum alimony. can I make counter claim u/s 25 of HMA while filing counter

Vijay Raj Mahajan (Advocate) 20 June 2018

Why not you too can claim permanent alimony and maintenance under section 25 HMA from your wife in the divorce case filled even by you as well her where you are the respondent. Rather that will be good idea to get matter settled with her when you seek the same relief from her that she's asking from you. Rather I will further suggest seek maintenance pendentelite under section 24 from her as you cannot ask maintenance u/s 125 Cr. P. C from her.