• 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 2 years ago in Family Law from Howrah, West Bengal
Religion: Hindu
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? 
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
maintenance under section 24 is maintenence pending litigation and it has nothing to do with  maintenence under any other act
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you can approach supreme court for appropriate relief
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
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.
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0

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