SUDIP KUMAR (SERVICE) 07 September 2018

Section 24 against my section 9

I have next date on recently for section 9 which i filed in 10/08/2017 Now i came to know that OP filed HMA 24 in april -18 after that 2 date gone where i was not appeared in the hearing date I came to know from my lawyer recently that they filed section 24. I got the petition of 24 t where they claimed maintenance and litigation charge. She is not working but Graduate Hns.and after marriage I spend on her to complete Advance Diploma in IT from NIIT and 2D Graphics designer and animation .All payment details and bank statement i have. She left on 8.05.2017 and till then I paid suo moto to her monthly through e MO and bank transfer,I also paying school fees of my son and everything as clothes,toys,health drinks,heath insurance etc.(now with her) I filed GWA25 with shared parenting under section 12 read with HMA-6 1st hearing My questions are: 1. Shall I withdraw section 9.(She filed 498a/323/307/325/406/506/3/4 dp-DV)(In DV she was awarded 2000+1000) 2.Will HMA 24 will end if I withdraw section 9 Please suggest

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Vijay Raj Mahajan (Advocate) 08 September 2018

The filling section 9 HMA petition was the most stupid advice given to you, rather you should have filled for divorce u/s 13(1). Yes the section 24 HMA will be disposed off if you withdraw your RCR petition u/s 9 HMA. However you will be ordered to pay her maintenance from the date of filling of application u/s24 till the date you withdrew your RCR petition. Maintenance for wife can be claimed by her even after you withdraw s 9 petition, that she can claim u/s 125 Cr. P. C, you have to pay her till she remains unemployed, without source of income to maintain herself. Your contribution for child care is your responsibility if you stop that you will get another case against you for paying that too from your wife's side. In short, you're in soap.