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MVenuSwara (Others)     29 May 2009

Fate of HMA 18 and 24 case

Sequence is:

1- Wife files case under HMA  18 and 24  for maintenance and getting interim maintenace. 2-Husband files case under HMA 13 1 and gets the decree. 3- Wife case of 18 and 24 is still in the court and husband contesting;

What will be the fate of wife's case

Will she be getting maintenance under the cas she filed or will be it dismissed



Is she ti file case under 5




 6 Replies

Swami Sadashiva Brahmendra Sar (Nil)     29 May 2009

even after divorce wife is entitled for maintenance.

ravi pratap sharma (Advocate)     31 May 2009

s.24 is always dependent upon and original suit i.e. OS like s.13 once s.13 is decided s.24 loose its stand and thats y s.24 actually stays the proceeding of s.13. thereafter wife has only right of maintenance unde s125 Cr.P.C.

Swami Sadashiva Brahmendra Sar (Nil)     31 May 2009

Mr ravi is right

R. K. Shukla (Lawyer)     31 May 2009

Couldn'y understand ur querry. S. 18 and 24 of HMA? S. 24 Hindu Marriage Act should be decided before the main suit. What is the actual position , pls clarify?

MVenuSwara (Others)     01 June 2009

Bountiful thank to all.

I give once again sequence:

1- Wife filed Main Petition in forma paupris for recovery of maintenance from the date she was living separately. 2- filed application under   18 and 20 of Hindu Adoption & Maintenacr Act 1956 for interim.  3_wife getting interim maintenance under 18 and 20. 4-husband filed case under 13(1) (a and b). 5- wife filed maintenace u/s 24 of HMA  6-wife declared to take interim under 24 HMA. 7- Divorce granted  8- wife filed appln in the she filed under 18 and 20 for change to main petition for maintenance.

Now is she entitle maintenance under 18 and 20 ? She is filing application to the case filed by her

Does the case filed by the wife stands valid to contedy even when she declared to take interim under section 24 and had been taking so?

Can wife make change  in her old petition; there being no change in other circumstances than income ?

As Mr. Ravi said that after decision of Section 13, wife is entitle for maintenance under sec.125 only.

What stand shd take to contest;  How to go to say that she is not entitle under 18 and 20; what about the maintenance amount already paid as interim; Can any citation help

Grateful for enlightening and Thanx


MVenuSwara (Others)     03 June 2009

Thanx Mr. Ravi Pratap;

But what would be the fate of the case filed under section 18 and 20 of HA&M, before husband filed suit.  wife got interim under sec. 24 pendenlite, for husband's. suit.  Husband's suit is finalised but the one filed by wife is not disposed off even when the wife opted for taking intrim maintenace under sec 24.  Now she is filing claims under the petition she filed.

Is the suit filed by wife is not closed automaticaly when she opted for taking maintenance under sec 24 after adjusting the maintenance graned under sec 18 and 20(the petition filed by the wife.)

How to deal with the petition of the wife


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