Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

PKD (govt)     29 May 2017

Review of hma 24 order maintenance

Dear Members,

1. My case for divorce is pending at Family Court for last 03 years. The respondent has applied for Pendent de lite via HMA 24. I am earning around 80K and she is having contractual Govt Job of Rs 21000 Per month. The girl has also submitted her self-attested payslip on the file. Thre was a change in judge of family court and on his first day on my case he listened to the arguements and ordered for a maintenance of 10,000 per month from date of application. 

2. However, he categorically mentioned in his judgement that the girl is not working and she has no source of income wahtsoever and is totally dependent on her father. He did not even read the pay slip provided by the girl herself. Which I think is a big lacuna in his judgement as he has decided the amount thinking her as unemployed. 

3. Should i go for review of his order under order 47 rule 1 of CPC or should i appeal in High Court against the same and what are the pros and cons of the same. 


 9 Replies

PKD (govt)     29 May 2017

My lawyer has suggested me to go for review in d same court as thre is error on d face of judgement

Adv Radhika Mehta (Advocate)     26 July 2017

This is a fit case for a review as there is indeed an error on the face of the record.  Section 24 clearly stipulates that it for those who have no independent income sufficient for his or her support.  If your wife is working and you are able to satisfy the Court that her income is sufficient for her day-to-day support, the Court may definstely re-consider the maintenance awarded. 

1 Like

estranged wife (Housewife)     26 July 2017

I am not a lawyer.My lawyer filed an appeal under section 19 to challenge the order of Maintenance pendante lite under section 24 passed by the Family Court in Rajasthan Highcourt. I learnt that an order made under section 24 is an Interloculatory order and different Highcourts in India have different views.Like for example in In Uttar Pradesh and Madras an appeal is mantainable but in Uttrakhand and Rajasthan Highcourt an appeal is not mantainable.In Rajasthan highcourt to challange an order passed under section 24 a Writ petition is mantainable or a Revision but not an Appeal.So Before filing double check with your lawyer and also on net whether in your State Highcourt an Appeal is mantainable or a Writ Petition or Revision.

Born Fighter (xxx)     27 July 2017

Your case is pending from 3yrs and this order was passed on first day of case ????? what was ur lawyer doing when such a view was formed by the Judge. Hiring and keeping such a lawyer is useless. Pls change ur lawyer and file a revision application in the same court. 

Umesh Chandra   28 July 2017

I am one of the unfortunate fathers who have seen his son tortured, traumatized & blackmailed by his quarrelsome wife and now I see him being looted by her with the able support of most perverse gender eccentric laws. Fed up of everyday bickering & quarrels which would invariable leave him deeply depressed and at time bleeding, my airline pilot son decided to file for a divorce. This was a painful decision to take after a marriage of over seven years and a male child of six years.

Most of the times, reason of quarrel was old parents staying with the family and her extreme greed to get all our moveable and immoveable assets in her name. She had unique knack of forcing her will on him. He being a pilot has to go for flight at odd hours and therefore his rest hours depended on his flight schedules. She would invariable pickup fight at his resting hours and keep nagging with her unreasonable demands to throw his parents out, put the house in her name, her mother is alone and would stay with her and, many other unending unreasonable demands. Quarrel normally left my son with deep nail scratch injuries as she is a very violent person. Some of these fights were recorded by my son on his mobile.

During the pendency of divorce petition in lower court filed by my son, she flooded us with cases in different courts.   Maintenance let and Visitation Rights in lower court, case under DV Act 2005 ACJM court and Review petition for Maintenance let, in High Court.

The High Court Judgement in review leave petition for maintenance is total disaster. It clearly shows the prejudices and biases of our legal system. Not only the laws but the system is blind to see the facts, where a leady is involved. All the proofs submitted were twisted and manipulated to prove husband at fault. Court made extra efforts to prove lower court judgement faulty as it failed to ask details of earning of husband but blindly depended on statement given by the wife. She was making contradicting statements in lower court and the high court, but that glaring fact was totally ignored. Lower Court she stated she is working but high court took her unemployed house wife, she stated that her father was a Instructor of Pilot, in thereby giving impression that he was a pilot and earning salary that of a pilot, where as he Manager Operation & Technical Training  at CTE Hyderabad and, best getting salary of a professor. With that impression set on the court she went on to say that she was living in great luxuries before marriage. Whereas the fact is, CTE has no such position as Instructor of Pilot. As an Instructor and he was teaching subjects like dangerous goods, radio aids etc, not only to the Pilots but to all other category of Air India staff too. His family was a middle- class family with two daughters. The family comes from western UP Sahadra, adjacent to east Delhi. The court based judgement on argument that the wife is highly educated and from a very sophisticated rich family, use to luxurious life. Court completely failed to see responsibilities and obligations of husband, that he has old ailing parents and a child of 9 years and heavy house loan repayment. Court also fails to see gluttony and greed of the wife and fully helped her with unreasonable explanations.

Question is not that the order is passed against my son, but it will encourage many such greedy wives to force a divorce on rich husbands. It may become a tool to become rich overnight. Rules are framed for the protection of women in society that is very valid and just but, blatant misuse of these rules ably supported by bias and prejudice court judgements cannot be justice.  Judges bigotry could ruin a man’s life and destroy his family.

Question is ; where could we go for JUSTICE?  

Rishi kumar   28 July 2017

Umesh Chandra sir, 

really hurts. Makes sad reading. But what to do? Where did it go wrong? Did your lawyer not argue properly? As far as law is concerned, the earnings of her father does not come into the picture. The maintenance is decided according to the capacity of the husband and requirements of the wife and child. Kindly elaborate here. If there was an error in your arguments. It can help other fighters here to gear up. Wife is greedy no doubt. My wife asked me a crore as if it were a packet of biscuits. She said during mediation that a girl needs so much money to live in a metro, and she being a post graduate. And that's the reason I am fighting. Even though  I am paying a very low interim in DV, my fight is far from over. People like me and I need all clues here to fight this unjust war. Kindly come out with details, it surely can help some at least. 

Thank you

Adv Radhika Mehta (Advocate)     28 July 2017

Mr. Rishi is absolutely correct. The income of the girl's parents' is never to be taken into consideration whilst decisding maintenance. The said order should definately be challenged.  

1 Like

Umesh Chandra   29 July 2017

Rishi ji & Radhikaji,

Thanks for the responce. You are correct her father's strature or income should not be a point to decide Maintenance, however it is used to establish that before merrage she was living luxurious life and she is use to that type of living before marriage, therefore she deserves hugely enhanced maintenance let. Strange part is court justified its decision of giving her huge sum as maintenance to live lavish life, without any responsibility. My grandson aged 9 years is with my son,  securing his future is his responsibility, where as she will enjoy enhanced maintenance let of 50000/- per month. Strange are the laws that makes society corrupt and show them the ways how to misuse it and become rich , besides it may help to ruin many married lives. Surely lawyer must have failed to project the case properly.  


Adv Radhika Mehta (Advocate)     31 July 2017

This is absolutely ridiculous.  Maintenance has to be decided as per the earnings of the husband not as per the status of the girl's parents' prior to marriage.  This order should be challenged. 

Here woman with genuine difficuties are being denied maintenance simpliciter as they may be working, irrespective of whether that amount is sufficient for them or not and then come aclong such cases where the Courts are overtly generous towards women.  

Best of luck to your son.  

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register