prasad aggarwal (CA) 22 July 2015

Framing issues

I filed RCR against my wife u/s 9 HMA.

Wife granted interim maintenance u/s 24 HMA.

I have not decided whether to appeal against maintenance order.

My case is now listed for framing issues u/s 9 HMA.

I know that in the event of non-payment of interim maintenance, the Court does not allow me to lead my evidence.

But does non-payment of interim maintenance prevent "the framing of issue" in the Court?

How long does it take to frame issues in the Court u/s 9 HMA?

Please clarify.

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4 Replies

Adv. Chandrasekhar (Advocate) 22 July 2015

The strict law is that if the husband does not pay maintenance amount under Section 24 is that the wife has to file execution petition and the court does not have power to stop framing the issues or obstructing the husband to lead evidence. Even though it is the law, the judges will use their (illegal) power to force the husband to pay the maintenance before further to proceed in the case. So make up your mind, whether to challenge the maintenance order in HC or ready to pay it. You cannot avoid it.

Prashant Ghai (Advocate) (PrashantGhai.com) 22 July 2015

You can challenge the Order granting interim maintenance before High Court. Before you do that, ensure you have a good case. Challenging the Order just for the sake of it may do more harm than good.

SAINATH DEVALLA (LEGAL CONSULTANT) 22 July 2015

Rightly adviced by the above experts.

(Guest)

Pay or you go jaiL. Or do one thing go absconding. Dont get caught, as warrant NBW issue. and you forget court totally, wife will alone roam court for 7-8 years put all stupid case on u and our parents, you ppl shift to some unknown place and live life. No use going to court for matrimonial matters, simply all will lose age and time and money without no gain at all.