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Rajib Banerji (Self Employed)     25 August 2012

Section 24

Dear Experts,

My estranged wife left my home in April 2006 and has be since living seperately from me as I did not approve of her extra marital affair and thereafter in August 2006 filed a false 498A case against me.In April 2007 she had filed for divorce on the grounds of cruelty and section 24 for maintenence.I had also filed a counter claim seeking divorce.

I am paying her maintenence @ Rs:5000/- per month since January 2011 as per courts order.My mat suit is still pending in court and her lawyer is making some excuse or the other to delay the disposal of the mat suit. Recently she has filed a petition for stay order of the mat suit stating that I have not paid her maintenence for 2 months.The truth is I had asked her lawyer to furnish her bank account details so that the money can be directly transerred to her account and the additional expenses of sending money orders and making demand drafts could be avoided but did not get a reply from him.For this I had also filed a petition before the learned court which is pending.I would like to know that is it absolutely necessary to to stall the divorce proceedings just because section 24 is pending.Can section 24 continue even after divorce is granted?Please help as my divorce case is pending since 2007.

 

Rajib Banerji

 



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 August 2012

Dear Rajib, Since 24 is an interim application, it has to be decided first and then the suit proceeds further. If Section 24 order remains uncomplied with then the divorce proceedings get stayed. Bring it to the notice of court your desire to get the bank transfer done, there should not be any objections to that.
1 Like

Rajib Banerji (Self Employed)     28 August 2012

Thanks for your reply.Could you please tell me what are the penalties for not paying maintenence under section 24 as I am unemployed now since I had to leave my job as I was posted out of town and I was taking regular leaves to attend the court cases and this was hampering my work and I will not be able to take up a proper job till the litigations are over.I do not have any property and I live in my fathers house now and the legal expenses are draining out my savings.

 

Regards,

 

Rajib Banerji.

rajiv_lodha (zz)     28 August 2012

Till sec 24 orders are in force, u have to follow them. If u are aggreived by Sec 24 orders, clear the dues n file revision. U can stop paying Sec 24 amm only when u get such orders from a court. Mere un employement does not allow u 2 stop payments


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