Civil Procedure Code (CPC)

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Toughest2016   20 January 2016

Interim maintenance sec 24 hma

Dear Learnered Forum, Background 498A pending. She stopped working after FIR. I filed divorce under cluelty at my home town. Respected Ex wife filed for restitution at her home town. Again she filed an application to transfer husbands divorce case to hers and got succeeded to get a favourable order for her. Now in the same order to trfr honorable HC has also directed lower court to decide and pass final orders in both HMOP within 6 months. After this order she has filed for interim maintenance under 24 HMA, only mentioning that she is need of money to run both cases, as she does not have source of income. Query 1. If interim maintenance is ordered and if either of us go for appeal on the order will the HC stay its own order provided to decide the main matter (divorce or restitution) in 6 months till the appeal is decided? Please advice me remedy, as I want to settle the matter earliest. Than you, Help me to stay strong in this legal proceedings.


 2 Replies

Toughest2016   20 January 2016

Thank you for the advice. My story is shuttly different. Got AB for 498A after a brief stint in exile. The query was raised to clarify, if she goes for appeal then a stay would delay the main proceedings which, else would be abiding HC direction for speedy disposal. Here girl side not for money but just to harass me by dragging HMOP. I am ready to pay as per practice for maintenance as full and final, but they play hide and seek BTW, Got clinching evidences to fight HMOP and 498A, however quicker solution and settlement always a welcome.

great india (manager)     20 January 2016

She is doing what all females do listening to lawyers advice with vengeance. All you have to do is sit calmly as now rcr would be in her favour. Even if you press for divorce it's a long battle. Go for judicial separation of 23rd. Later go for divorce on basis of cruelty I. E. 498* Going for appeal in 24hma is useless. AND HIGH COURT order won't let judgement in your favor. All ull get is her copy of rcr decree granted in her favour. Later she will use a domestic violence weapon for residential rights and more torture. Think think and act.

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