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Partha 498a (INDIVIDUAL)     10 February 2016

Money execution

court has directed to pay alimony with arrears to my wife (we have no children) in July 2014 against her case u/s HMA 24.

case u/s 498a IPC and u/s HMA sec 13 is pending before court.

after 1yr. 6 months in February 2016 she files Money execution case. can she get alimony through this Money execution case after 1 1/2 yr. order of sec. 24 order?

your reply please,‚Äč

partha



Learning

 13 Replies

jagannath magar   10 February 2016

You have to pay maintenance pendantlite under sec 24 of HMA.during Pendency of sec13 case

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

If you don’t pay anything u/s 24 of HMA then your main divorce case/petition will remain adjourned, nothing else.

 

Please withdraw you divorce petition (u/s 13 of HMA) since it is compoundable by giving a put-up (u/s 151 of CPC) now.

 

Your maintenance pendent lite (u/s 24 of HMA) will be disposed of automatically and hence not need to pay anything.  wink

 

Please focus on Speedy Trial and Perjury. Live-in-relationship is mostly advisable. Please see my post on this.

 

Please see my posts to know about drawback of mutual consent divorce, sample petitions and FAQs.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

Originally posted by : Mrs. Renuka Chaudhury,
You dont pay, thats all, go jail 1 month, old balance clear off, then new balance start.  Meantime you file RCR, best way to get divorce.

 

I beg to differ with the above statements since this is maintenance pendent lite (u/s 24 HMA) in family court hence maintenance execution u/s 125 (3) is not applicable here. It is applicable only criminal court where maintenance awarded u/s 125 CrPC.

 

Validity of maintenance pendent lite (u/s 24 HMA) is till MAT suit is pending

 

Hence not MAT suit, not maintenance pendent lite.  wink

 

Please withdraw your MAT suit now.

 

Men should not file any MAT suit. Let her file.

 

Please see my profile for sample petition and FAQs.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

In case wife filed divorce then file stay-aside petition with no-objection on divorce.

After that stop attending court dates. Let her obtain ex-pate divorce with ZERO alimony.   no

 

Please see my profile for sample petition and FAQs.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

Dear friends,

 

Please share these ideas to all victims as much as possible to destroy extortion rackets.

1 Like

Partha 498a (INDIVIDUAL)     10 February 2016

Rocky Smith ,

HMA Sec 13 case also filed by my wife.
 
she is started extortion business and a good citizen can't support such activity otherwose he/she having mentality of Blackmail, extortion or terrorist mentality.

your reply please
partha

 

Originally posted by : Rocky Smith
If you don’t pay anything u/s 24 of HMA then your main divorce case/petition will remain adjourned, nothing else.

 

Please withdraw you divorce petition (u/s 13 of HMA) since it is compoundable by giving a put-up (u/s 151 of CPC) now.

 

Your maintenance pendent lite (u/s 24 of HMA) will be disposed of automatically and hence not need to pay anything.  

 

Please focus on Speedy Trial and Perjury. Live-in-relationship is mostly advisable. Please see my post on this.

 

Please see my posts to know about drawback of mutual consent divorce, sample petitions and FAQs.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

Please don’t forget that she is provoked to file such cases by dishonest advocates.

Please file stay-aside with no-objection divorce petition as advised above.

You can file it Party-in-person. 

Born Fighter (xxx)     10 February 2016

Pls note 498a is still pending and wife has other means of extracting money ... Wife's intention is to get a HEFTY one time settlement if the husband wants to free himself from 498a and get a divorce. You can fight on merits and let wife prove 498a but this will consume time.......but dont give up. Eventually wife will reduce her demands.

 

Perjury .....the family courts do not take it seriously. Im really interested to know the number of cases where Perjury cases have been admitted by FC and decisions have gone in favour of the husbands OR has helped the aggrieved party. Rocky ur inputs, any statistics or cases ...pls share with the forum.

 

However in current scenarion the advise of Rocky seems apt !

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 February 2016

498A can't be withdrawn by wife since it is non-compoundable. Also I have already stated the drawbacks of mutual consent divorce in my profile. 

 

For 498A, I have only suggestion to concentrate on Speedy Trial and Perjury. 

Please go through all petition like FIR, divorce petitions, petitions u/s 24 of HMA and come up with contradictions. Any single contradiction can be filed with perjury petition in the same court where 498A is pending. 

 

Corrupted Indian Judiciary System also become serious on Perjury if you become serious on it. 

Partha 498a (INDIVIDUAL)     19 February 2016

@ Born Fighter - agreed with you, this is a simple extortion case where nasty racket is involved. They are taking the advantage of law. Needs govt. Intervention to kill such racket otherwise India will be destroyed soon. I have patience to fight against terrorist & terrorism. Needs solidarity to fight them.

Rajendra Singh   20 February 2016

i feel sad for this country!!!

Pimps (read advocates) running the show and prostitutes (females) don't know that they get screwed for peanuts.  Wish the females had used a tiny percentage of the effort to save their family. 

Partha 498a (INDIVIDUAL)     21 February 2016

Ethics, humanity, sincerity is abolished from here

A Bharati (Self)     11 February 2017

"Corrupted Indian Judiciary System also become serious on Perjury if you become serious on it." You are absolutely right. The judiciary is so biased but untill you get serious they wont. My 2 cases of perjury have been disallowd by trial court but I have moved the HC. You cant give a free run to those woman telling lies in court with impunity.

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