please state detailed facts of your case ? what is interim maintenance being paid by you ? the said order has been passed under which proceedings ? in absence of clear details we have to do only guess work in trying to understand your query . how can it be maintenance appeal under section 24 of HMA?
How to continue divorce case when Section 24 maintenance applied
Presently, I am paying monthly maintenance to my wife as per int. maint. Order. Now my wife filed another maintenance appeal under Sec 24 in my divorce case. Is there is any provision, through which I can continue my divorce case reconcillation/hiring parallel to the Sec 24 Maintenance plea without holding the divorce case for Sec 24 int. maint. order. In last 3 year, till now Reconcillation is not completed. Please help by providing section no./Relief case of SC.
Asked 10 years ago in Family Law
Religion: Hindu
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8 Answers
maintenance under section 24 is maintenence pending litigation and it has nothing to do with maintenence under any other act
I filed Divorce Case on January, 2011 in Howrah Court. The Divorce case is shifted to the Alipur Court by granting the transfer appeal by High Court of my wife. Due to not responding any dates/date of reconciliation in Howrah Court and also in Alipur Court (Approx. 10-12 dates), we claim for Ex-party and court grant. They submit Train Strike fake reason to withdraw the ex-party petition and submit a petition for Maintenance under Section 24(Previously, in another court where my wife claim Maintenance on 2010, order me to pay int. maint. on 2012 and till now I am paying her.). Now, This maintenance appeal is treated as a new misc. case and separate dates follows for this case. But, my original Divorce case is not in progress, as court says that without completing that maintenance case, the divorce suit will not processed in spite of regular paying my wife as per int. maint. order by another court. Till date, my wife not appear in reconciliation and now this case is in the way to refrigerate by her Judicial Magistrate brother's long hand approach. What to do sir? How I can able to terminate the static position of my Divorce case? If there is any provision in law or any supporting case in SC, please guide me.
Asked 10 years ago
you can approach supreme court for appropriate relief
1) application for setting aside exparte decree would be granted by court in interest of justice .
2)it appears our wife has filed application for maintenance under section 125 Cr Pc wherein you have been paying her interim maintenance .
3)in your divorce petition she has again claimed maintenance under section 24 HMA . you can draw attention of cort to fact that you are already paying hr interim maintenance as per orders passed in 125 Cr Pc . court will consider said fact while passing orders for maintenance .
4)once divorce case is filed it is referred for counselling . objective being to save marriage . if counselling fails then case proceeds on merits .
5) if your wife is not attending counselling counsellor should submit report .
6) you can move HC for expediting hearing of your case . draw attention to fact that wife deliberately remains absent . case has not proceeded at all for last 3 years
1. Divorce case has no nexus with the plea for maintenance. To provide sufficient finances to wife for her support is a duty attached to every husband, which can be enforced through the process of court.
2. Since you are already paying maintenance to her you should move to HC and challenge her plea for maintenance in addition to what she is already getting from you. She cannot sail in two boats at the same time.
1. Since your wife has applied for restoration of the divorce case it will be restored in all likelihood by court so that she gets a fair opportunity of contesting your case. If it is not restored it will bring down curtains on the divorce case.
2. Counselling cannot be forced on any of the parties. At counselling an attempt will be made to save your marriage. If it proves futile then your case will be decided by court in accordance with law of land. If she remains absent at counselling the counsellor will submit an adverse report against her.
3. Sine you are already paying maintenance on court orders you should move to High Court for being relieved of the liability to pay maintenance twice over.
4. You may move to High Court to expedite the hearing of your divorce case as it cannot be kept in suspended animation irrespective of whether wife has applied for maintenance or not.
My Lawyers said that those all your valuable suggestions are fake. He says that Divorce case proceedings will start again after completing the Sec 24 maintenance case. He says that my wife have the right to appeal maintenance in divorce petition and she also can file the same in 498a case, if any. He also said me there is no provision of continuation of the divorce case without completing maintenance proceedings. Right now, I am so much scared that may be my recent advocates also purchased by the either side as earlier happended. Please give the the details of the relief case/Sections which I can cross my Advocate as I am very much sure that you can't telling any wrong and you all are the top scored Advocates.
Asked 10 years ago
if your lawyer says suggestions made by all experts on this site are fake then you can act as per your lawyer advice . we express our opinion based on facts stated by you . we have not gone through your divorce petition or other applications filed by you . it is only a lawyer who has gone through complete details of your case can give clear and categorical opinion .
since you have engaged your lawyer and paid his legal fees he shall produce various judgements in support of his arguments before court
we have only stated that wherein you are already paying her interim maintenance in section 125 Cr Pc proceedings you can draw attention of court to said fact in your wife application for interim maintenance under section 24 HMA .
2) the primary requirement for claiming maintenance under section 24 of the Act is the pendency of a matrimonial proceeding. This provision was introduced with a laudable object of ensuring maintenance to a party to the proceeding so as to enable him or her to maintain during the pendency of such proceedings. This provision also permits the Court to award reasonable amount for the purpose of conducting the matrimonial proceeding. Concept of maintenancehe Family Court, in an application under section 24 of the Act, was entitled to consider the order passed by the Magistrate under section 125 Cr.P.C. for the purpose of arriving at the interim maintenance.
3)The Supreme Court in Sudeep Chaudhary vs. Radha Chaudhary, [AIR 1999 SC 536] held that the amount awarded under section 125 Cr.P.C. by way of maintenance was adjustable against the amount awarded in the matrimonial proceeding.