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HMA Evidence

Respected Seniors,
Kindly advise if concerned ADJ's Court (hearing HMA suit) has given direction on Order Sheet to petitioning party for bringing / filing Evidence (for mental cruelty and desertion) and next 5 court dates are over and defendent has not Objected on time bar to file Evidence then in that case kindly advise;

Q 1: What is the time limit to file Evidence in a divorce suit if no S. 24 HMA is decided (means no Order on S. 24 HMA has come) as of date but concerned Court has Ordered upon Petitioner to file Evidence? 



 4 Replies

Arvind Singh Chauhan (advocate)     01 December 2009

There is no time limit . It depends on the discretion of court. If any party feels agreived by the order of court it may file revision.

Swami Sadashiva Brahmendra Sar (Nil)     01 December 2009

There is no statutory time limit in HMA petitions. But, in these circumstances, the opposite party can make an application for closure of  opportunity of evidence of  petitioner .

H.D.Kumaravelu (Advocate)     01 December 2009


When a section 24 application is pending the court cannot call for filing evidence on the main petition. The court has to first decide the sec 24 application. Insist for the same.


Thank you all for giving mixed insight into the asked point of law. However, I was wondering what does SC says in such situation? Anyone here has any idea any quote unquote of any citation ?

Why I asked above is that, if a summery trial on S 24 HMA goes on for say another 2 years (now it is already 3 -1/2 years) then preassuming it will be another 2 years that the Court will wake up and say oh I need to decide on S. 24 HMA now then will that not be misscarriage of justice specially to defendent who in this case is a middle class husband after all?

BTW, the husband (defendent in this case) has on the very 2nd date of court hearing already filed as per daily Order record of the Court S. 21 B speedy trial application just after reply to rejoinder etc.

I also believe (which many of you will say not to believe anymore) that no person should be remedyless in atleast Court proceedings !

In instance presented case briefs the wife's side is cool about all these till date as they already doing forum hunting by filing for maint even under Guardianship n Wards Act as well as under S. 125 CrPC and now the bombshell is by way of DV ACt! 

They are not in a hurry to press HMA Court decide S. 24 HMA as of records of pleading it shows so what is the special provision under CPC one can maintain status quo in this so called explosive situation asap or should defendent husband live up with cancer of the unreasonable society?


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