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Prasad (Systems Engineer)     15 July 2015

Can hma 24 order be nullified if divorce petition withdrawn?

Respected Experts… Please advise on this situation.


Husband [myself] filed for divorce to end the marriage with his cruel wife.


Husband and wife lived together for 7 months only and then wife deserted her husband.


They dont have any child.


After mediation attempts failed, judge asked wife to file response.


Wife filed response with false allegations and also filed HMA 24 petition.


Judge heard both side and ordered husband to pay Rs.15000 per month as IA.


During the arguments, Judge herself noted that if a women is capable of earning, she cannot claim IA, even if she is currently not working.


Judge seem to have not considered following facts accepted by wife herself.

  • Wife has master’s degree in computers
  • Wife worked and earned well before marriage
  • Wife continued to work from home through online


Husband thinks that wife wants to drag the case by getting money from aggrieved husband himself.


So, husband wants to withdraw his divorce petition and pursue for MCD.


If husband withdraws original divorce petition, based on which wife filed HMA 24, will HMA 24 judgment be nullified?


If husband goes for HC appeal on HMA 24 order, what are the chances of relief for husband?


Husband believes that wife will ask money for MCD as well. In any case, how soon MCD can be filed after withdrawing divorce petition?



 5 Replies

ROHIT SHARMA (Legal Advisor )     15 July 2015

You are a system engineer and you are seeking legal advice for some other person. Legal ethics restrict giving legal advice to proxies.Talk to a the advocate of the husband and he will be able to resolve your queries or let the husband have a paid phone consultation with this lawyer.


Rightly said by Mr.Sharma,nothing more to add for benami's.

Prasad (Systems Engineer)     15 July 2015

@rohit sharma. @Sainath Devalla

The query is for myself. I am the husband.

I was just writting my question as a third person for easy communication.

I have paid my current lawyer 47000 rupees so far and he has taken me to this situation.

He also suddenly withdrawn from this case.

While I am looking out for a new lawyer, I wanted to get the help of this forum.

Please help Sirs with your legal advice.

kapilshah   15 July 2015

The day you withdraw the application, the HMA 24 will cease to exist. But you will need to pay the money till that date. 

Wonder why you have paid 47k to lawyer. Really pity you. You are systems engineer. Do gain some knowledge on legal aspects. Its a family court. You have right to go file something or other. There is no requirement of lawyers, they are suppose to be advisors. 

There are ways to expedite the whole process. You need to have a strategy 

1 Like

Prasad (Systems Engineer)     15 July 2015

Yeah. I am systems engineer. I can understand software/hardware systems.

But not the legal system. So learning now. I agree that I paid too much as lawyer fees.

My lawyer kept on threatening me and asked more money to handle scenarios.

Now when I look back I realize that the lawyer took advantage of my fears and doubts.

And I keep hearing that lawyers not mandatory in family courts.

But the judge, here, does not proceed further if any of the party has not come with their lawyers.

She simply gives another date. How can I counter this and run rest of my case myself?

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