Vj (.) 01 August 2011

Divorce u/s 13 (1,a,b) & maintence sec 24 with cpc 151

Hi All,

My wife filed divorce petition under sec 13 (1) (1-a)(1-b), against my will for separation. She had falsely alledged of harassing for dowry and was seeking dissolution of marriage. Accordingly courted directed us to the mediation cell, inspite of several prayers, my wife was adament for the divorce, and never attended the mediation sessions thereafter. Later the file was forwarded to the cour proceedings, and the court requested me to file objection if any, on the day of submission my objection praying court to dismiss the petition filed by my wife and join us together...I also have 4 1/2 years old daughter currently in the custody of my daughter, my wife and her widow mother never allow me to see her since a year now...I had got school admission to my daughter in a well known scholl and since then I am paying fees and educational expenses of my daughter paying directly to the school authorities. Also am transferring 4000 every month for my wifes expenses. But my wife had mentioned in the petition that i am not providing any moneys for her basic needs. Now on the day of filing my objection, my wife had put one more application under section 24 to be read with sec 151 of CPC, asking me to pay a maintenance of 25,000, where my salary is only 41,000 after all deductions, from the salary proceeds I am paying 8,000 as car loan, 15,000 as housing loan, transferring 4000 to my wife, a monthly fixed saving of 3,000 to my daughters minor savings account, with the remaining 11000, 1k towards parent medical expenses, 1k mobile, 1k internet, 1k for fuel exp.and use the remaing 7 k for my food and other expenses...

Now with the above I have below questions,

1. When i have never interested for the divorce, which is forced on me, can my wife get her divorce granted

2.Help understand usage of sec 24 along with sec 151 of cpc, with the proof of current payment to my wife, will court force me to pay 25k, if so under what ratio does the court decides any interiem order for maintenance payment, when i dont have so much of earnings.

3.I have not been allowed to see my daughter being a natural gaurdian, I have prayed in my objection document for the court to allow/pass order to see my daughter.

4.My mother inlaw has intruded in our married life...which has caused all the difference of opinion, who had completely brainwashed her daughter to file divorce petition, they have become over possesive on my daughter and never allowed even my parents to see or mingle with her since her birth during 2007...How would i ask the law to direct my mother law to keep away from our family matters and allow her daughter to lead a happy wedded life. also how would i ask the law to provide visitation rights in the interiem of divorce of proceedings.

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 01 August 2011

In the given case, court shall definitely consider all your liabilities prior to making oder on her application moved under section 24 of HMA. You are already paying .Rs. 4000/- per month to your wife and despositing Rs. 3000/- per month in the account of your minor daughter for her future needs. You are well within your reach and can never be forced to face arbitrary and illegal order.

24 HMA is meant for maintenance per month for wife and her child, if any in her custody along-with one time litigation expenses incurred on the petition.

You can separately move a petition seeking visitation rights to meet your minor daughter and it shall definitely be allowed.

There is no law enforcing your inlaws not to make any connection with your wife.

I suggest you to meet individually at some appropriate place to your wife and convince her to understand all th things in right prospective and think independantly. I hope if you both come on a single platform with confidence then problem can be sorted out.

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Ravinder Kumar (Account Director) 01 August 2011

I hope you are payng your wife through cheque/online transfer. Submit all your proofs in the court and I dont think you have much to worry regarding your Sec 24 case. Also tell court that she is able to do a job and maintain herself. From now onwards pay whatever you feel directly in court and take recievng from her.

1 Like

Vj (.) 01 August 2011

Thanks Mr. Kumar,

I have created a repeated direct debits for this amounts, every thing is online....and can prove it on my bank statement. If you can ellaborate in what context the new application to be understood as " Application u/s 24 HMA read with section 151 of CPC" what does this mean.