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Vijay (law student)     22 February 2013

Maintainability of application u/s.24 hma

Hi All,

 

I have moved a petition for dissolution of marriage U/s. 13 of the HMA about a year ago at Bangalore.

My wife without filing her reply to the petition before the Family Court at Bangalore moved Supreme Court and obtained a transfer.

Recently when the matter was listed before a competent Court at Mumbai my wife yet again without filing her reply to the petition has filed an application U/s. 24 of the HMA. The Court has admitted the petition U/s. 24 of HMA and posted the matter for reply / arguments after 1 month.

I would like to know if the application filed U/s. 24 of the HMA is maintainable before the Family Court without filing of the reply to the petition.  Are the actions of the presiding Officer justified in admitting the application U/s. 24 of HMA when a reply to the main petition has not been filed by my wife?  

Regards,

VJY  



Learning

 6 Replies

stanley (Freedom)     22 February 2013

HMA 24 application can be accepted  by the presiding officer for maintanence . you have not stated if your wife is working or the application is for any children you have ?? . Reply to the main petition can be given within 90 days and you have not stated the dates of your main petition .

rahul (director)     22 February 2013

if it is already 90 day or more, you can argue to the that her right to file WS should be ceased.

stanley (Freedom)     22 February 2013

Originally posted by : rahul

if it is already 90 day or more, you can argue to the that her right to file WS should be ceased.

Its a funny world even after 90 days provided with a reason or sufficent cause for condonation of delay upto presiding officer to accept or reject .

cm jain sir (ccc)     22 February 2013

If u hv little bit worry of HMA24 that she can get some amount as maintanance....then donot continue you divorce and withdraw it mentioning some good reason like old parents n you cannot leave them alone or office work etc.. If she is 498a lady then she shud not get a single penny otherwise this HMA24 amount will be used against you. If you have merits in your case to counter HMA24 then only you continue.

Yogesh K Chandna (Advocate)     01 March 2014

Hello  Vijay

HMA 24 application is maintainable. 

cases under HMA are different from normal civil suits and normal rules of CPC can be overrided here. 

HMA 24 application is for purpose of cost of litigation and maintenance and the court is bound to decide Section 24 application first instead of anything else. and till the pendency of Section 24 application time for other proceedings stops don't move and 90 days limit for filing reply to main petition remains there. 

hope you got your answer. 

Shantanu Wavhal (Worker)     02 March 2014

HMA 24 application is maintainable. 


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