Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sandeep (pvt service)     25 April 2015

Has hma 24 ever been denied to wife if husband filed divorc

dear friends,. 

please advise has hma 24 interim ever been denied to a wife if the husband fies a divorce case

the wife is claiming that  she is unemployed

she has  filed dv and 125 crpc also. both cases are yet to be decided

i dont have proof that she is employed, but she admitted that she was working when she was staying with me in her cross examination.

do i still have to pay her under hma 24?



Learning

 4 Replies

Adv. Chandrasekhar (Advocate)     25 April 2015

If she is employed and earning about equal amount as husband, she is not entitled.  Mere proving her employment is not enough, but how much she is earning is also to be proved.

sunil (Mgr-API division)     25 April 2015

 Experts / Members opinion/ advise in following matter...

1.In HMA sec/24, i got order to pay Rs. 5000.00 PM.

a. Can i challenge/  file review petition in district court it self. or need to move HC. what is time period to challenge/ other mode to contested well and lets justice have had to make out of this.

b. Also what is outcome in following situation.(pl go thro the narration up to point 8).

c. if order is up held / fresh order by moving to HC/SC.. and if i withdrawn the DV (main) petition, i think order u/ 24 is automatically laps? -no validity (any how ill not get divorce).

d. can file petition again.

Background....

2. Processing /order is happen in absence of me. my lawyer had given me misleading info. saying that u need not to attain processing i'll take care.

3. She only deserted me for more than 4 years i.e. 04/2011, without any reason. she is MA and then did B.Ed. employing in Convent school earning Rs. 5000-10000/PM. i seek inf. u/ RTI but denied by school. trying to get details. i've lots off other proof to prove my innocence.

4. I lost high paid job before 3.6 years back due to this episode which was unexpected and still clueless.

5. For about a year i was mentally depressed, abandoned, dejected, disconnected and alone. My situation becomes very miserable and force to sit ideal at house as i was not in a position to take any new assignment to take up any responsibility and totally lost confidence and interest in life. And now since from a few months I was started to do consultancy in my expertise area i.e. Process industries and relevant projects. (Education and skill which I acquired), as I failed to retain my position and height i achieved in my service. Desertion of wife kills my prosperous career.

6. She file maint. u/125 in 04/2012 case going on . i file for GWA in 01/2013 to visit my child. and DV  in 02/014.

7. Today My earning are just 5000-7000 PM and finding difficult  to manages my self. 

8. Im coming out of depression and mentally stable. Also preparing to take assignment (Job) in industries. I’m confident with help of friends/ my ward work I’ll get suitable job. But due to break I may get salary in range of 10-15 L Annual.  

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 April 2015

Living life with fight as to who settlement is painful. Advised come to some mutual settlement n end the episode. Law favours to female the most, pl think

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 April 2015

Living life with fight as to who settlement is painful. Advised come to some mutual settlement n end the episode. Law favours to female the most, pl think

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register