• Remedy from HMA section 24 and divorce

Respected Seniors i hav filed divorce and wife has filed hma24, and got interm maintenance of 8000 frm date of application, I appealed in Calcutta high Court but got no change in order,
1)Now if i go for revision in high Court or appeal in supreme Court tht d maintenance shld b frm date of order only, shall i ll get any relief?
I hav only one point tht she is ma bangla and i m matric.
2) if i withdraw d divorce case thn wt will happen to d maintenance arrears? 
3) wife don't like to live wid me neither wants divorce she only wants money.hw to get rid of her.i need divorce from her,my life is totally stucked becoz of her.
I m a GOVT employee
Dulal roy
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

Hello,

1) You can first go for revision and then you can also approach the supreme Court. The law is clear on the point that Wife is entitled to maintenance from the date of application not from the date of order. You can read the judgement here --------------- http://www.livelaw.in/wife-entitled-maintenance-date-application-date-order-sc/

2) Withdrawal of he divorce case will bear no effect on the maintenance case.

3) If you don't want to live with her, then you continue with the case in the Family Court.

Also I would advise you that you file a SLP on the ground that the maintenance that has been granted is high and not on the ground that maintenance should be from date of application.

Also you can tell me as to this ground was taken by you earlier before the High Court or not??

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) maintenance depends upon your income , husband income , standard of lifestyle

2) court would consider your income before deciding amount of maintenance payable by you

3) we cannot say whether you would get any reliefs or not

4) it is not academic qualifications but income which determines maintenance

5) even if you withdraw divorce case you ha e to pay maintenance arrears

6)you ought to have filed fior divorce on grounds of desertion if wife has deserted you

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

1) yes, the said order can be stayed altogether. In any case, she could have been granted maintenance only from the date of her application, i.e. from the date on which she asked for the same from the court. Thus, you're bound to get relief..

2) you've already filed a divorce petition. Get the said case expedited.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

1. Maintenance u/s 24 of HMA will be from the date of the application.

2. The order for maintenance of your wife is not dependent on your divorce suit but in connection with your divorce suit. even if you withdraw your divorce suit, you shall have to pay your wife, the maintenance ordered by the Court.

3. You shall have to pursue the divorce suit filed by you and I hope you have shown enough acceptable ground while seeking the decree of divorce from the Court for which you shall have to submit evidence in support of your allegation against your wife..

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

1.No Revision lies in high court anymore. However you can prefer an appeal in supreme court.

2. if you withdraw the divorce suit then the arrears will remain to be paid which would be calculated till the date of withdrawal.

3.Pursue your divorce suit vigorously.

If you wish you can carry the papers to showme for further advice.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

You have to prove allegations made in divorce petition to obtain divorce

2) you have to comply with court orders as to maintenance

3) yourappeal would not be heard unless you pay at least 50 per cent of arrears

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

Hello,

For the arrears also you will have to move eirher before the same court for review or before the High court.

Divorc can not be given on the ground that your wife is not giving divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Divorce will be granted to you on the grounds already taken by you in the pending divorce petition filed by you. The only option how you can avoid payment of the maintenance is arrears is by seeking a stay on the order which mandated you to pay this sum as maintenance at first place. If you're unable to pay, challenge that order on legal grounds and try obtaining a stay.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

1. You shall have to file the divorce suit on acceptable ground like cruelty. If she has deserted you, then such desertion is considered as cruelty and you can file the divorce suit after two years of her deserting you.

2. You can not seek decree of divorce on the ground that she is having higher educational qualification than you.

3. As per law, you shall have to pay the maintenance from the date of her filing the maintenance application u/s24 of HMA. You can not avoid payment of arrears.

4. In case of your default for a longer time, she can file an application before the Court and your properties can be attached and sold for recovering the arrears. The Court might also take harsher steps for non payment of arrears of maintenance.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

The interim maintenance shall always be ordered from the date of application only and not from the date of order until and unless a specific reasons been stated in the orders by the court.

If you decide to withdraw the maintenance petition then you may have to maintenance till the date of withdrawal.

If she is challenging your divorce case, you may state that she is not willing to return to the matrimonial fold hence the maintenance case may be dismissed.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

V r staying separately since 2011,there is no domestic violance or other cases,no fir, is it possible to get divorce on this ground if wife dont like to give divorce.i hav a minor kid too.

The long separation also may entitle you to get divorce through court.

2) hw to avoid d arrears amount in hma24.

You may not be able to avoid paying arrears bcause you are a salaried employee, the court may send notice to your employer as 'garnishee'

3) i m unable to pay d arrears its around 2.5 lakh.

You can pay it in easy installments too.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

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