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fighting back (exec)     09 August 2013

Interim order under hma 24 passed, what next?

Dear members,

yesterday, orders under HMA24 interim were passed by the family court, Rs 2500 pm from date of order, and litigation expenses as Rs 4000 (the b*tch had demanded Rs 45000 from me, and has 3 post graduate degrees with her, whereas i am a Bcom graduate, but just to torture me and extract money, she demanded Rs 1000000 as fixed compensation in DV and 45000 per month in maintainence and rent as separate and also a separate residence) As if i was  a billionare.

my mother is suffering from arthritis, and i am spending money like hell on her treatment, this order is really a blessing for me, as the amount is less.

since she has filed multiple cases like RCR, 125 interim and final, and DV,  and i have already filed for divorce. she filed HMA24 under RCR.

now that the HMA24 interim is passed, will it have effect on my other maintainence cases like 125 interim/final and DV case which also includes maintainence.

also does interim order in HMA24 also includes all other components like shelter?

i am asking this,m because in the DV case, she has demanded rent in lieu of residence, so will the rent amount be calculated separately, and this HMA24 interim amount not be considered in it?

so, should i expect an increase in the amount, considering that rent in DV case is also demanded, and which is yet to be decided. Thanks

 



Learning

 6 Replies


(Guest)
Is she currently working?

shriks........... (healyhcare)     09 August 2013

1. do not be overjoyed friend.......you donot have to pay in her rcr thats what i feel sincne you filed divorce......
2. concentrate on 125.....try avoiding 125 interim, concentrate on divorce........try to fasten the process......
3.rcr is her case why you want to pay her to join you....??????let her cry in 125crpc.....try defending allegations and prove her mental cruelity.....
4. now she wont be able to demand 24hma in your divorce...., if she does, you pay in your divorce but not in her rcr......that way you can pay and bring her to court
5. at least the order would make some impression on magistrates while deciding interims or finals......good for you.....
6. you lovely wife would have got to  her stand in terms of money.....wil help in MCD.......
7. good luck.....

1 Like

fighting back (exec)     09 August 2013

@hatsoff..........no she is not working................


(Guest)

Dear members,

yesterday, orders under HMA24 interim were passed by the family court, Rs 2500 pm from date of order, and litigation expenses as Rs 4000 ( i am overjoyed, as the b*tch had demanded Rs 45000 from me, and has 3 post graduate degrees with her, whereas i am a Bcom graduate, but just to torture me and extract money, she demanded Rs 1000000 as fixed compensation in DV and r45000 pe month in maintainence and rent as separate and also a separate residence) As if i was  a billionare.

----------------------------------------------------------------

 

Congratulation bro  ! a good fighting back indeed.

 

The red fig. above had been a real slap on her greediness by the yellow fig. above ordered by court. The fig. you have got is quite reasonable but it can be added with residence or rent of residence,whatever it may goes after her appealing in DV.

The SC had frankly told by many judgements that a wife can't be headed with multiple of maintenance.So,here if she claimed maintenance under 24 HMA with RCR,then don't be get tensed now why bcz she had intended that she will not live with you after this order and DV which is pending.

The above cases which are running parallel will be now plus point in your divorce case further. As she will get maintenance by you and she definately ask for rent as she is not going to come along with you. So,once the residence matter is decided the pick up of your divorce case will get a boost.

Here your lawyer has to be agressive on the point and argue that you are paying all the above and they are sperated now and relation of husband and wife can't be made afterwards.It's better to dissolve these matter.

another plus point of interim of 24 HMA is-----if she comes with 125 crpc then 24 HMA interim will be considered before any judgement.

 

So,once again congratulates!  you have won more than half battle and just wait for your final win.

 

regards,

A sufferer..

1 Like

fighting back (exec)     09 August 2013

@sufferer........thanks very much friend..for your immense support. i think the judge has been fair enough on me...considering my salary and expenses......

i wanted to know..will rent be added to the amount? as some members here have suggested that hma 24 includes the component or residence as well along with maintainence amount.......so, in DV when she has demanded rent in lieu of residence. will i pay more besides the existing amount of 2500

my lawyer  has told me that with the hma 24 order, we will submit a copy in the interim 125 and DV cases so that they get nullified........how true is that? will the other cases pertaining to maintainence be overriden by this order of HMA 24?

 


(Guest)

let her come with any section of maintenance now the interim which has been ordered now will be considered before any judgement.So your lawyer is absoloutely correct,it again depends on the arguement and facts and circumstances of your income till the time of any next order.But make a note multiple mainetnaces can't be given to wife by all preffered sections.

 

24HMA is civil proceeding whereas 125 cr pc is criminal and both differ in many ways. she had loosen her chance now to create pressure by 125 cr pc as this is more active in India regarding maintenance and the court has grant 24 HMA prior to any decision of 125 crpc.So,Get the order copy ready with you to submit in 125 crpc.

 

Here DVA 2005 is different case and in this right to residence clearly goes in favour of women if she begs and gives the proof of not having any shelter for her even though she has filled the voilence case against husband and his other members.You can see how this contradicts with her own case.As she is having danger in that particular home then why she want to live in that home again?

I have gone to many sites and replies of experienced victims-----they have mentioned in the reply of her right to residence that govt. has provided shelters to unearning and poor womens where they can get free medicals and work to earn. Better you can reside there and if you need more help then i could pay you by my will as 500-1000/- monthly as per my capacity.


So,here I would like to say that she is very much entitled to ask residence or rent further during the procedure of DV case bcz right to residence is seperate sub section in DVA 2005 it has no co relation with your 24 HMA interim.

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