sec 24 HM act : strategy


i obtained ex-parte sec 9 HM act decree(after summon, registry, paper publication etc when she not appeared) ,after that filed execution of sec 9 decree, there are lot of evidence that opposite party was aware of the case , still she chose not to appear in proceedings(accepted in cross examination, and even in petition to set aside she says that she was aware of the case but there was no intimation from court side) now after one year of decree opposite party(wife) appeared with application to set aside decree , further a petition has been filed for maintenance under sec 24 HM act , one more maintenance case is already running u/s 125 of crpc in different court wife is MBA (admitted by her) but says that she is unemployed, i am in govt job

Present status

:case in family court at reconciliation stage , i told that i want to take my wife at every rate , wife told that i will not go as there is fear of life ) judge told that after one month he will set aside the decree if she does not agree to go with u , my advocate told that file objection immediately against sec 24 hm act otherwise judge will provide maintenance.

Query:

i think that i should not file objection for sec 24 HM act instead i should file an application that till the decree is valid(not set aside) there is no question of sec 24 hm act as the sec 24 hm act comes into picture when a case under hindu marriage act is running , and at present no case is running (only execution of the said decree and her application to set aside is running under CPC) sec 24 is valid only when the decree is set asided this way i will delay the sec 24 hm act , and once court will set aside i will approach high court against set aside , mean while i will collect concrete evidence of her job , and then will fight sec 24 HM act. and in future fight i will contend that since she has already chose one relief sec 125 trial going on (till date no maintenance awarded but case is in advanced stage within 12 month may be decided) so she can get just litigation expense at most not monthly maintenance suggest what should i do ?

 
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Advocate

As the Sec9 case is already decreed, sec 24 is not maintainable. When the case gets restored, only then sec24 is maintainable. u should file reply and in preliminary objections, take plea that it is not maintainable as the main case is already disposed of.

 
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propra

Would you state the date on which you filed petition under sec 9?..........the date on which Hon Court ordered RCR ex-parte?..............the date on which you filed execution of ex-parte RCR decree under sec 9?............the date on which your wife filed petition under crpc125 in different jurisdiction?........the date on which your wife filed set aside petition against expate RCR decree?

 

..............in a cronological manner?

 

 
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