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Mango (Consultant)     17 March 2013

Crpc 125 - is section 24 maintenance cases new format valid?

I have one question on maintenance case under Crpc 125. My wife is working and earning 22K net salary, her lawyer produced the "working" affadavit in the court in response to our private investigation. She is a working woman but her lawyer is still fighting for the maintenance.

In last hearing, my lawyer challenged her lawyer to file the maintenance case as per the high court ruling (in the new format defined in section # 24). Her lawyer said that it's applicable only for section # 24 not for Crpc. 125. If I read this headline (it says maintenance cases). My lawyer and me want my estranged wife to file as per the high court order (section # 24).

 

Is anyone out here knows any case number/judgement/hearing order where it has been instructed to submit proof under Crpc 125 in same high court format?

 

Here is the format which I am talking about -

 

https://bharatchugh.wordpress.com/tag/delhi-high-court-section-24-hma/

 

Thanks,
Mango



Learning

 15 Replies


(Guest)

Your's is interim alimony right?

Mango (Consultant)     17 March 2013

It's for the grant of relief under domestic violence case. So, I am not too sure if it's interim of final maintenance... It seems to me the interim maintenance (court fees + incurred/ongoing expenses).

My divorce case is still going on...


Mango

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 March 2013

Dear Querist

as per this decision read the below

 

 

From the various judicial precedents, the under noted 11 factors can be culled out, which are to be taken into consideration while deciding an application under Section 24 of the Hindu Marriage Act. The same are:

1. Status of the parties.

2. Reasonable wants of the claimant.

3. The independent income and property of the claimant.

4. The number of persons, the non applicant has to maintain.

5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.

6. Non-applicant’s liabilities, if any.

7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.

8. Payment capacity of the non applicant.

9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.

10. The non applicant to defray the cost of litigation.

11. The amount awarded under Section 125 Cr.PC is adjustable against the amount awarded under Section 24 of the Act.”

 

Feel Free to call

 

 

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262

1 Like

Tajobsindia (Senior Partner )     17 March 2013

Both your advocate as well hers are wrong first of all.

Ask yourself when the HC reference format (under debate) itself went later into Mutual Consent route how that format can still remain valid which is first question of fact?

Second question is why no one has challenged the format currently being talked in
Delhi trial Courts as well as by you as it was passed by Single Bench and cannot remain binding for eternity?

Thirdly has the Court sitting on either S. 125 CrPC or DV maintenance case asked parties to file ‘income’ details as per format that you are pressing extra smartly?

Forth and lastly you have cleverly stated her income what about your income and suppose her advocate asks you to follow the format will you follow it by letter spirit ! 

Mango (Consultant)     17 March 2013

In response of Tajobsindia first... Thanks for taking time to reply back on this...

 

Question-1) when the HC reference format (under debate) itself went later into Mutual Consent route how that format can still remain valid which is first question of fact?

 

Answer-1) There are multiple cases under section # 24 where this specific format has been used. It's being said very well by Justice J.R.Midha. that parties do not truthfully reveal their income. I am not too sure if I understand your question about "valid" aspect of this format.

Question-2) Second question is why no one has challenged the format currently being talked in Delhi trial Courts as well as by you as it was passed by Single Bench and cannot remain binding for eternity?

 

Answer-2) Not too sure what are you trying to ask here. I want to challenge my opposition lawyer to use this new format as it's very much a valid format used in multiple cases for maintenance cases.

 

Question-3) Thirdly has the Court sitting on either S. 125 CrPC or DV maintenance case asked parties to file ‘income’ details as per format that you are pressing extra smartly?

 

Answer-3) Court has never asked about my income details but my opposition lawyer has presented my wife's income details (as they were expecting to be caught in manipulated information). I have already documented my income/expenditure/assets/liability in written format and given it to my lawyer. My lawyer asked me that we "may" have to file this in section # 24 format so; I have made this ready in two weeks time. I have nothing to hide. I want to fight this case on moral grounds and don't want to hide anything from court. I am 100% income-tax payer from last 6 years. I am US tax-payers as well and never steal any money from any sources/country. What I am wondering here is that it has been a year and half and court haven't asked to submit any kind of income details. I am totally lost how court is going to decide the maintenance amount without any income details.

 

Question-4) Forth and lastly you have cleverly stated her income what about your income and suppose her advocate asks you to follow the format will you follow it by letter spirit?

 

Answer-4) I thought, I had mentioned in this query as well. I am earning 66K per month net after income tax and savings. I am in favor of going by this new format as it gives a clear picture of total income/ assets / expenditure/ liabilities. As I said earlier, I willfully want to inform about my each and every penny earned/spent and sametime, I want my wife to put those facts as well. It's my opposition whose legs are shaking when it comes to producing the evidences in the court. How could I specifically press them for this format in the court?

Mango

Mango (Consultant)     17 March 2013

In response of Advoacte Nadeem Quershi ... Thanks for your time and providing the extract of this section...

 

Respected Sir,

 

So, are you saying that I cannot press them to file their income details under section # 24 format in Domestic Voilence maintenance case?

 

Thanks,

Mango

Mango (Consultant)     17 March 2013

In response of Tajobsindia....

 

Thanks again for answering my question... I didn't see the cases details earlier which you had mentioned. I believe, I understood what you were trying to say.. Tactics is all what one has to play in Indian courts...

 

Mango

Zeeshan (Hidden)     18 March 2013

Soon I was going to put some info about this issue in my case, but not now.

I am also facing same problem but with a different angle.

Although I paid 1500/- fine for not filing affidavit according to that format, then I have to file.

Mango (Consultant)     18 March 2013

Thanks Zeeshan...  I am just looking for any reference for my next court case date on April 15, 2012.... If you could just PM me about the case number that would help me to obtain reference...

TIA and looking forward for your response....


Mango

Zeeshan (Hidden)     18 March 2013

No refrence of any lower court other then high court or supremecourt work.

Ask your advocate to file an application asking judge to instruct petitioner to file affidavit according to punit kaur ruling. Simple. 

Then it's judge's duty to do so.

Mango (Consultant)     24 April 2013

Just wanted to let everyone know that Justice J.R.Midha format is very well valid for DV case also.... It's has been ordered by judge to file the affidavit are per high court rulings...

 

Mango

Rahul (Engineer)     30 April 2013

Hello Mango,

Nice Info you have shared. I wish your case is of Domestic Voilence where ur wife asked for Interim Maintenance. And you filed & pressed an application for filing detailed affidavit as per  JR Midha Judgement.

So is this valid for Section 125 as well ?

Also in your DV interim maintenance i hope the H'nble court allowed your application for your wife to file the detailed affidavit ? Please confirm.

Also if you can PM me the the ordersheet or ur case number then it will be of good help.

Thanks in advance.

Mango (Consultant)     01 May 2013

Q-1) So is this valid for Section 125 as well ?

A-1) I am not too sure if it's valid under section-125 but it's valid for DV case...

 

Q-2) Also in your DV interim maintenance i hope the H'nble court allowed your application for your wife to file the detailed affidavit ? Please confirm.

A-2) It's not detailed affidavit but it's as per rule of HMA # 24 format.

 

Q-3) ordersheet or ur case number then it will be of good help.

A-3) Ordersheet will not help as my case is still in progress. Show the Justice J.R.Midha judgement and same case as shown in the first post. This case itself is a DV+Divorce case.....

 

Let me know if you still need my case number. I will be happy to help you...

 

Mango

Rahul (Engineer)     01 May 2013

Hello Mango,

First of all thanks for your reply.

I hope we both are understanding the word DV as Domestice Voilence. Right ?

Also the HMA #24 format is the format declared by JR Midha Judgemenrt. Please confirm this as well ?

Thanks....


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