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Siv (engineer)     22 July 2010

can husband file caveat in Family court for HMA24&25 petitio

Hi,

 

Husaband filed divorce and husband expects that wife may file HMA-24&25 petition in the divorce proceedings.

Does caveat is possible to file in the family court to counter the wife claims early ....is caveat valid being caveat is not on court order.



 6 Replies

Daksh (Student)     22 July 2010

Dear Siv,

The answer to your query is in affirmative as the provisions of CPC are applicable on HMA cases.

Best Regards

Daksh

adv. rajeev ( rajoo ) (practicing advocate)     22 July 2010

In the present petition filed by you, you cannot file a caveat petition, because if wifefiles any applications copiesof such applicatins will be supplied and courwill grant a time to file your objections.  After hearing both side application will be disposed off.

Guest (Guest)     22 July 2010

Section 24, caveat is not required as it is the intrim proceedings.  As and when applicant files application, the other party may be given copy of the application and notice.  After receiving the reply from the repondent, the application will be decided.

Section 25, if it is filed after disposal of the main petition, yes, caveat can be filed by the husband after decree is passed in the main petition.

Siv (engineer)     22 July 2010

Hi all,

 

Thank you fo rthe information.

Does it possible to file HMA-25 application at wife place while HMA-13 is going on at husband place.

Wife and husband live in seperate states (Maharastra and Bihar respectively)

Similarly can wife file HMA-24 at her place while HMA-13 is going on at husband place.

Daksh (Student)     22 July 2010

Dear All,

I stand corrected.

Best Regards

Daksh

Arup (UNEMPLOYED)     22 July 2010

caveat possible at hc & sc not at this stage.

petition under sec 24 & 25 of hma can be filed only against a filed divorce petition.

petition under sec 24 & 25 of hma has to be filed on the same court where divorce petition filed.

but the wife has the right to transfer your petition at her home town. for that hc order requires.


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