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Rajesh   06 August 2017

Question abt interim maintenance (hma 24)

Hello:

Interim Maintenance Order under Sec. 24, HMA was ordered over 2 months ago. Applied for a certified copy of the order right away but it has not been ready yet.

Now wife and her lawyer are asking me to pay the arrears or that they will ask the Family Court to stay the main petition proceedings till then.

1. She has not even filed a petition for collection of Arrears (Collection or "Darkhast"). Isn't this mandatory ?

2. I intend to challenge this Interim order but am waiting to receive the certified copy of the Order. Can I not say this to the Judge ? Can the Court compel me to deposit the Arrears in these circumstances ?

Thanks

 



Learning

 4 Replies

Adv Sheetal D Bhutada (Advocate)     06 August 2017

Darkhast is not necessary.

but if she file dkt for recovery, then you have to pay.

Adv Sheetal D Bhutada (Advocate)     06 August 2017

At present payment can b made without dkt.

but your arrears will increase.

so better get file appeal in higher court.

Adv Radhika Mehta (Advocate)     09 August 2017

Originally posted by : Rajesh

Hello:

Interim Maintenance Order under Sec. 24, HMA was ordered over 2 months ago. Applied for a certified copy of the order right away but it has not been ready yet.

Now wife and her lawyer are asking me to pay the arrears or that they will ask the Family Court to stay the main petition proceedings till then.

1. She has not even filed a petition for collection of Arrears (Collection or "Darkhast"). Isn't this mandatory ?

Not at all. And if this is going to be your attitude, of waiting for RD proceedings to be taken out, the Court will draw adverse inference. 

2. I intend to challenge this Interim order but am waiting to receive the certified copy of the Order. Can I not say this to the Judge ? Can the Court compel me to deposit the Arrears in these circumstances ?

Even if you challenge it, the High Court will compel you to clear the arrears before giving you a hearing.  The amount paid by you will be adjusted if the maintenance is indeed reduced.  The Court is not concerned with whether you challenge it or not until and unless you get a stay from the higher court. So i would advise you to clear atleast a part-payment. 

 
Thanks

 

 

Anshul Sharma   11 August 2017

@ Rajesh, 

 

U can get the certified copy in a same day from court, if not then get it from online portal. File set aside petition asap in session court and pray to halt the order till the final decision. 

Its not compulsary for you to pay arrears if u filling it session court. File and fight the case ..

 

Good Luck


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