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tarun   30 June 2017

Is sec 24 of hindu marriage is differ from sec 23 of pwdv ??

Hello

The maintence under Sec 24 of Hindu marriage Act is rejected by Family court & on the same documents is she entitled for maintence under Sec 23 of PWDV....Can i have light on this plz & if possible any judgement regarding this.

 



 8 Replies

Sachin (N.A)     30 June 2017

On what ground relief u/s 24 HMA was rejected by family court ?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 June 2017

Originally posted by : tarun
Hello

The maintence under Sec 24 of Hindu marriage Act is rejected by Family court & on the same documents is she entitled for maintence under Sec 23 of PWDV....Can i have light on this plz & if possible any judgement regarding this.

 

 

 

Section 24 of HMA is gender neutral, however, Section 23 of DVA is gender biased and unconstitutional.

This section not only violates Article 14 (Equality before law and equal protection from) but also violates Article 15(3) of Indian constitution as this provision gives neither power to abridge Article 14 nor discriminate anything which is maintained out of private fund (like alimony/maintenance etc. are paid out of husband’s private fund.) to the state (Indian Govt.)

 

Moreover, this Section 23 of DVA provision seems to give autocrat power to the magistrate to ex-pate an interim order out of his/her own thinking without considering any evidence – this practice is not only unconstitutional but also against the concept of jurisprudence.

 

That is the reason you got two separate contradictory orders for the same case merit. – Very funny and unscientific Indian legal system where injustice prevails over justice in the temple of justice and “Dacoity” wins. wink

 

Considering the above facts and contradictory orders you should file appeal (under Article 227 of Indian Constitution) on High Court of your state. It is better to file party-in-person (Without advocate).  

 

https://www.lawyersclubindia.com/forum/All-gender-biased-feminist-laws-are-unconstitutional--133540.asp

 

https://www.facebook.com/RockySmith4Calcutta/

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     30 June 2017

Grounds must be known for rejection to give effective reply to your query.

Siddharth Srivastava (Advocate)     30 June 2017

No, due to principle of resjudicata. 

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 July 2017

Originally posted by : Amisha Trivedi K. E.



Originally posted by : tarun



Hello

The maintence under Sec 24 of Hindu marriage Act is rejected by Family court & on the same documents is she entitled for maintence under Sec 23 of PWDV....Can i have light on this plz & if possible any judgement regarding this.

 





Posting with new ID wont change your problem.  You will go to jail for hitting her and causing mental torture to her under DV act.

 

 

This forum is not for personal grievance.

Ms. Usha Hegde (CEO)     02 July 2017

Originally posted by : tarun
Hello

The maintence under Sec 24 of Hindu marriage Act is rejected by Family court & on the same documents is she entitled for maintence under Sec 23 of PWDV....Can i have light on this plz & if possible any judgement regarding this.

 

Sec 23 relief is for causing mental trauma, physical injrury.

Both are different.  Trial will only tell what has actually happened.

If you are guilty you will be given punishment.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 July 2017

Originally posted by : Ms. Usha Hegde



Originally posted by : tarun



Hello

The maintence under Sec 24 of Hindu marriage Act is rejected by Family court & on the same documents is she entitled for maintence under Sec 23 of PWDV....Can i have light on this plz & if possible any judgement regarding this.

 





Sec 23 relief is for causing mental trauma, physical injrury.

Both are different.  Trial will only tell what has actually happened.

If you are guilty you will be given punishment.

 

I beg to defer as the scope of granting relief (interim order only) u/s 23 lies within

Section 18, section 19, section 20, section 21 and section 22 of PWDVA. No section is punishable rather helping Dacoits without adjudicating any evidence (Only based on prima-facie). 

Prithwish Ganguli (Advocate)     03 July 2017

Section 24 of HMA is dealt in District Court and Section 23 of DV Act is dealt in Magistrate Court. Though the decision of the 24 HMA is not binding while deciding 23 DV Act but the same can be placed at the time hearing because in both the cases the cause of action is the same. Further if there is no appeal against rejection of Section 24 HMA that should be an advantage for the husband in Section 23 of DV Act. MAMTA JAISWAL VS. RAJESH JAISWAL II(2000) DMC. 170 MADHYA PRADESH HIGH COURT may be a help to you in this regard.


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