Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravi Kumar   27 July 2017

Section 24 of hma

 

I filed a divorce case against my wife in year 2012 on the ground of curelty and she filed application u/s 24 and 26 of HMA for maintenance for herself and our child.

I am earning 9000 per month.

Court last month allowed maintenace of 5000 per month for child and wife from the date of filing the maintenance application i.e from aug 2012

and i am paying the same.

Now my wife has filed execution petition for recovery of arrears of Rs 3 lac

Question :

When court itself belived that i am earning 9000 rs how  can i pay 3 lacs to her ?

What should i do?

 

 



Learning

 2 Replies

Adv Radhika Mehta (Advocate)     27 July 2017

They are the arrears.  Show your bonafides and start paying some amount of the arrears every month.  You can always explain to the Court that you are not in a position to pay the 3,00,000/- up front.  The Court has to consider the same. 

 

Rishi kumar   27 July 2017

As I am not an advocate, advocates should correct me if I am wrong. Court hurries through the process of interim maintenance. Unless husband drags it. Husband usually thinks that by delaying the IA, he is at an advantage. It is rarely so. If a bigger amount is sanctioned unfortunately,  he has to struggle. What prevented you from submitting your income proof  at the earliest. If a big amount is sanctioned, you have to clear 50% of the arrears before doing anything. Even my lawyer said " kheenchnae ka hai?" Never drag the case from your side if you are not at  fault. Fighting in the start is like prevention. Appealing is like trying to cure.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register