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Anil Kumar (IT Professional)     28 November 2016

Section 24 is maintainable

Me and my ex-wife filed divorce in seperate State and seperate dates (I filed in Delhi and my wife filed in Allahabad) i.e. i filed first after 1 year of succedding in RCR u/s-9 in my Delhi Court and before 6 months of filing divorce by my ex-wife. The divorce has been granted by Delhi Court first and I submit the copy to Allahabad Court (where my ex-wife's filed divorce in Allahabad Court).

Now the Allahabad Family court want to continue the section 24, 25 and 27 as the Divorce decided by Delhi Court and not chanllenged yet by opposite party. (even after completion of limitation for filing the appeal/restoration).

Is section 24 is maintainable. If not, what shoud I do. I submit the PO on section 24 and now Court wants to debate on section 24. 

My view is if the Delhi Court has granted my divorce than How it is possible that the Allahabad FC have to right to hearing on section 24, 25 & 27. Plz guide.

What should I do in that circumstances.



 9 Replies


(Guest)
Originally posted by : Anil Kumar
Me and my ex-wife filed divorce in seperate State (I filed in Delhi and my wife filed in Allahabad) in seperate dates i.e. i filed first after 1 year of succedding in RCR u/s-9 in my Delhi Court and before 6 months of filing divorce by my wife. The divorce has been grantedby Delhi Court first and I submit the copy to other Court at Allahabad (where my ex-wife's Court at Allahabad).
Now the Allahabad Family court want to continue the section 24, 25 and 27 as the Divorce decided by Delhi Court and not chanllenged yet. (even after completion of limitation for filing the appeal/restoration).

Is section 24 is maintainable. If not what shoud I go. I submit the PO on section 24 and now Court wants to debate on section 24. 

My view is if the Delhi Court has granted my divorce than How it is possible that the Allahabad FC have to right to hearing on section 24, 25 & 27. Plz guide.

What should I do in that circumstances.

Your view?  Are you a Lawyer or an Advocate?  I suppose you don’t have a seasoned Lawyer, or even if you have one want to cross verify the knowledge of your Lawyer by posing this question on the forum.  Please don’t do that.  Trust your Lawyer/Advocate.

 

Now coming to your question,

 

Section 24, 25 and 27 applications are very much maintainable under Law irrespective of who filed divorce petition where or at what time or whether you have been granted divorce by one court or not.

 

You will have to fight the all 3 cases based on merits of the case.

 

Probable outcome of Sec 24 is, you will have to pay whatever the court orders to pay if your wife is not a working woman or does not have any source of income + litigation expenses (1 time).  After Sec 24 case is decided, Sec 25 case will be taken up which is for permanent alimony (now that divorce has already been granted by court 1 at delhi) this too need to be fought based on merits, you can also do one time settlement if you don’t want to pay monthly alimony life long or till she remarries.  Sec 27 case is WRT property acquired during subsistence of marriage which will be settled on basis of who paid how much to acquire such property and will be divided on that basis only.

Mukesh sharma (job )     28 November 2016

Hi anil if delhi court have give you decree of divorce and there has been no challange on time period which time limit provide and no good reason for this.

so if after all allahabad court give decree in 24 sec so you file application in court for review order 

 

1 Like

Ms.Usha Kapoor (CEO)     29 November 2016

all sections 24, 25 and 27 arevery much maintainable irrespective ofthe fact of  who got divorce first etc.Section24 i s  maintainable at any time even after divorce.

Since they are not challenging and not appealing /Delhi Highcourt Jusgment after limitation period expired if she is a house wife and she doesn'rt have any other source of income you'll have to pay interim maintenence under  sec 24 Hindu Mariage Act. After that she files  for permanent alimony either in lump sum or periodically u/s 25 of HMA. Section 27 The court will  scrutinize both of your properties as to who acquired what during matrimony and ratiably decide your property rightsin accordance with each of your  contribution.and also would   decide  right to property acquired during subsistence of marriage. All  three sections 24, 25, 27 ae very much maintainable. and fix  a alimony looking all aspects of both sides  of sources of income.Would you give me profile/forum likes in exchange for afree legal advice.

1 Like

Anil Kumar (IT Professional)     29 November 2016

@Helpling Hand, Sir I am not a lawyer and It is hard to belive on every lawyer as I have very bad experiences during my court proceedings till the date. (It is possible that some so called lawyers are mal-practice and have a lack of knowledge or appropriate experiences and possibly misguided their clients.). 

Anyway, on the merits, If a woman lie to the court misleaded and play fraud on the process of law and that will be prove (other than the facts mentioned by a woman in her pertition for seeking relief in u/s-24, 25 & 27 of HMA, 1955) then a Court will award her reliefs as she sought in her petition. Means she is eligible for these reliefs beside if she found guilty.

Anil Kumar (IT Professional)     29 November 2016

@ Helpling Hend & Others respectable Members, 

My ex-wife was not come to contest the case despite receiving the summons and simply send the reply through Post. The court proceeded her Ex-parte and pass the Decree of Divorce in favor of me. The copy of Orders sent her and the Orders comes in her knowledge. The main point is "the charges (cruelty & desertion) levelled by me has proved on her and she is guilty as per the Court Findings. (Mentioned by the Court in their Judgement/Order Sheet). The 'cruelty' and 'desertion' by my wife on me has been proved.

Then how it is possible that Allahabad FC continue the divorce petition filed by my ex-wife. On what grounds the Allahabad FC grant her reliefs u/s-24, 25 & 27. If the AFC is accept Orders passed by DFC then the charges are already proved. The allegations (on merits) levelled by both parties on each others are still  unchallanged & uncontested in these two Courts. Then how is possible to AFC to decide the case on merits. 

Means, The cruelty and desertion has been proved by both courts (if we assume that the AFC has accept the DFC Judgemtent/Order). In that circumstances still she is eligble for reliefs u/s-24, 25 & 27. She misleaded the court, concealment the facts, and filed false affidavit to get the reliefs (i.e. IM & Litigation expenses etc.) and not comes clean in Court. She files the false DV after 3 years of deserting me. 

What should I do, I already expense much on cousultation but not get any right direction/suggetions.

whatnot   29 November 2016

Both Helping hand and Ms. Usha kapoor have given a very technical deliberation on law point.

You may have to come some understanding with your ex spouse to reach some verdict.

Best option is to fight now based on merits and reduce allowance, nullify alimony and win not sharing any property if possible.

Tough luck indeed.

1 Like

Anil Kumar (IT Professional)     29 November 2016

@ Respected Usha Kapoor Ji,

From begninng of my marriage, there was much disturbance (unfair interference in my marital life)  create by my in-laws (specially MIL). My MIL behaved/treated me and my family rudely without any cause. No dowry demand (before and after) marriage by me or my family members. But instead all she (MIL) threatened my for implicaiton me and my whole family in false DV & DP cases.  We try to solve this but all efforts has been waste). One day, on the occassion of celebrating the Teez festival at her home town Allahabad (a ritual after marriage), my maternal uncle take my wife back to her maternal home at Allahabad from Delhi. She was not turned back besides several requests & effort by me n my family members. My MIL was not agreed to send her back. 

After that I filed RCR u/s-9 at Delhi Court. She has not come in Court to defend her possition and the Decree was passed in favor of me. Still she has not complied the Orders and lodge fake complaints at Mahila Thana at Allahabd. We supplied the Order so RCR to Mahila Thana, SSP & IG of Allahabad to execute the Orders of RCR. but all waste. 

After 3 years of desertion by her, she filed fake DV case on me and my family as well as on my some relatives and after that (3 months later) she lodged 498A FIR. And after Lodging both (in same year) she filed for Divorce in FC at Allahabad. 

She concealed the material facts, filed false affidavit, mention fake/bogus incidents/concocted story to gain the sampathy of Court so that Court will favor her. Obtaining IM (u/s-23(2) of PWDVA-2005) after submitting the false affidavit about my income and hiding the Orders of Delhi Court in RCR u/s-9 case filed by me. A lot of incidents she has hide from the Coiurt. I have an ample evidences and proofs to prove me innocence but unfortunateely the law is in her favor. The Court has act in biased manner. No relief till the date i have in my hand except Divorce & RCR. 

Anil Kumar (IT Professional)     29 November 2016

@ Respected Ramesh Singh Ji,

The self contradictory statements of opposite party i.e. my ex-wife, in different-different Courts by the way of submiting multiple documents i.e. Petition, WS, Affidavit etc has been sufficient to prove my innocency as well as I have an other solid evidence (in all manner). 

Plz suggest some new as I quoted in my query.

sai narayana   02 December 2016

A perjury application should be filed in the same court where the perjury was committed. No other court has jurisdiction.


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