prashant 04 August 2017

Can hma24 be filed as an ia in gnwc case when no divorce

IS HMA24 APPLICATION MAINTAINABLE IF IT IS FILED AS AN IA IN GNWC CASE. ESPECIALLY WHEN THERE IS NO DIVORCE PROCEEDING GOING ON BETWEEN PARTIES. I AM PETITIONER IN GNWC SEEKING CUSTODY OF MY CHILDREN AS A FATHER. THE MOTHER SIDE COUNSEL FILED AN APPLICATION UNDER HMA24 AS AN IA IN GNWC CASE , ALSO THERE IS NO DIVORCE PROCEEDING. IS THIS IA MAINTAINABLE WHICH IS FILED UNDER HMA24.

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5 Replies

Azhagananth (Lawyer) 04 August 2017

Section 7(f) of he Family Courts Act, 1984, interim maintenance filed under section is maintainable.

Siddharth Srivastava (Advocate) 04 August 2017

What is GNWC? Application u/s.24 HMAct can only be filed in proceeding under HMAct. As per law the court is not barred to entertain an application if the section is wrongly mentioned on the application.

Azhagananth (Lawyer) 05 August 2017

Section 7 in The Family Courts Act, 1984

7. Jurisdiction.-

(1) Subject to the other provisions of this Act, a Family Court shall- -(1) Subject to the other provisions of this Act, a Family Court shall-"

(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation; and

(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends. Explanation.-The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely:-

(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;

(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;

(c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;

(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

(e) a suit or proceeding for a declaration as to the legitimacy of any person;

(f) a suit or proceeding for maintenance;

(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise-

(a) the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and

(b) such other jurisdiction as may be conferred on it by any other enactment.

S P SRIVASTAVA (ADVOCATE) 07 August 2017

Technically application under section 24 of HMA is not maintainable in Guardian and Wards cases. But court can treat the application as under section 7 Of family Court Act, if it is a family court and or proceedings are governed under family court Act.

Adv Radhika Mehta (Advocate) 09 August 2017

Guardians & Wards Act and Hindu Marriage Act are two completely different proceedings and no such application should be entertained or allowed to be filed.