Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Madhu (SE)     18 April 2011

Two mantenance cases HMA 24 !!!!

My ex-wife has already filed an IA under HMA 24 section for interim mantenance in my RCR case at Bangalore Family court.  Recently she has filed one more IA under HMA 24 section under her divorce petition(with HMA 25) at her place for interim mantenance and litigation expenses.

Is it legal to file two IA's  under HMA24 section?  I need senior people's expert guidance to handle this situation.


 9 Replies

Damayanti (Unemployed)     18 April 2011

Amazing situation.



There is no bar and it is tenable as the 'cause of action' is different by opposite parties. it does get covered under sec 21A of HMA as one suit is under sec 9 and second under sec 13.


Sec21A talks about sec 10 and 13.



If either party makes a transfer petition (sec 24 of CPC) and it is allowed then and then only both suits would be enjoned at one place and  may be tried together.


Damayanti (Unemployed)     18 April 2011

it does NOT get covered under sec 21A of HMA

Tajobsindia (Senior Partner )     18 April 2011

@ Author


1. It seems your wife is found of horse riding from childhood ias no wif eis allowed to ride simultaneously two stags ! Check memory lane her love for stags and boom her advances in a appropriate forum as she is suffering from ill-advise from her battery of advisors.

2. What suprises me is that no one advised her of filing a Transfer Petition yet she happily accepts your Jurisdiction of BLR Family Court for same cause of action which is quite amusing.

Para 2 will help you in immediate future if she files for any Transfer Petition for transfer of yoru RCR into her hometown Jurisdiction.

Madhu (SE)     18 April 2011

Thanks TajobsIndia,

                 looks like you want to help my ex-wife but not me ;)  I have filed my RCR in Bangalore and they stay in Andhra Pradesh.  They have to go to Supreme court to get it transfered and ex-fil is a miser person and do not want to spend money but to sit and eat daughter's money through this illegal procedure.  He has already broke the marriage of his elder daughter and my ex-wife is second daughter, who is about to get divorce and one more daughter yet to get married??? God save the third daughter's husband.

adv. rajeev ( rajoo ) (practicing advocate)     18 April 2011

she cannot claim maintenance twice in two different proceedings

Damayanti (Unemployed)     18 April 2011

your wife is not yet your ex-wife.

Arup (UNEMPLOYED)     18 April 2011

Is it legal to file two IA's  under HMA24 section? 


Madhu (SE)     18 April 2011

Thanks,  If NO, then how to cancel them!!!!  She is equally qualified as I am and used to work as lecturer.

Arup (UNEMPLOYED)     18 April 2011

submit her income proof.

try rti - if possible.

think other possible ways.

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