Child custody and counter claims

Dear Querist,

If I am not wrong you must have approached the court in Guardians and Wards Act, if that's the case then 24 HMA is not maintainable. However if some Hindu Marriage ACt proceedings were already underway and you made the application u/s 26 HMA then her maintenance case would be there.

Hello Bharatji,

Thank you for reply.

Yes its application under GWA for custody of a kid. There is no other litigation pending.

Regards

A1(498A)

Correction to statements of first two writers above; if I may be permitted


1. If a GWA Case filed in a Family Court which is established under FCA, 1984 then mother can ask for maint. under S. 24 HMA and for the same there is no need to have any activity pending under HMA. Catena of decisions exists for this say. [activity here means no need that a case under S. 9 till S. 13 HMA should have been pending decision in a matrimonial Court]


2. If a GWA case filed in a designated Guardianship Court under jurisdiction of District & Sessions Court and is not under a Family Court but if there is a parallel Family Court established by District and Sessions Court Jurisdiction in same place (jurisdiction) then  mother can file S. 24 HMA for maint. as a standalone application and again for seeking such relief she does not require to have any activity pending under HMA / HAMA / HMGA Acts. [activity here means no need that a case under S. 9 till S. 13 HMA - S. 18 / S. 20 HAAMA - S. 6 HMGA should have been pending decision in a matrimonial civil Court]


What I mean to express in above two gyan are that a mother can always file for maint. for child and for the same no Section(s) of HMA / HAMA / HMGA are needed / required pending and or to have been filed first if a Family Court building is there in the Jurisdiction of District and Sessions Court. Family Courts estabilished under FCA, 1984 have allowed since 1986 hundreds of standalone maint. application under HMA if Family Court exists there.[standalone here means same as what I stated above in activity...] Also note under GWA the Act there is a provision for maint. for minor Child and for the same mother need not even require to file application under HMA and or HAMA statutes to press for maint. relief’s for child maint. when husband and or even she herself has filed under GWA for chidl custody.


Catena of decisions exists to above three says of mine presented here for peer review if any / if under challenge!


Also @ ld. brother Bharat since you happen to be from Delhi then let be recalled that the then GJ Mr. SS Rathi as well as the then GJ Mr. Vidya Prakash @ Tis Hazari Courts @ Mr. Bedi at Patiala House courts have in no. of GWA trial court decisions have already awarded maint. for child under GWA proceedings which is stated as immediate recall illustrations and off course several HC orders from various other States does exists to above three says of mine here. 

I agree that maintenance can be granted under GWA.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@TajobsIndia ji and Shoneeji,

Thank you for the reply.

If i could get your answer correctly there could be only counter claims for maintenance of Child (which i would be glad to share)...not for bitter half ..isnt it ? P.s. I am in the area where we have family court building and GWA case filed in the same family court.

Yes right.

firstly find out 

1. whether she is eligible to claim maintenance allowance?  .

2. If so how and why ?  ( one should know there are certain conditions to be fulfilled for this )

3  is there any ground for misuse if granted ?

4. are her parents under her care and support ?

ascertain / find out the answer for the above.  

Then only  proper guidance can be obtained.

firstly find out 

1. whether she is eligible to claim maintenance allowance?  .

2. If so how and why ?  ( one should know there are certain conditions to be fulfilled for this )

3  is there any ground for misuse if granted ?

4. are her parents under her care and support ?

ascertain / find out the answer for the above.  

Then only  proper guidance can be obtained.