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MVenuSwara (Others)     08 July 2009

Importance of Sec 9 of HMA - RCR

In what way the Sec 9 of HMA - RCR affects the case of Maintenance and Divorce?  What if wife does not file RCR and file maintenance case only ?  How does it affect if husband file case under sec 13 HMA ?  A bit early and illustratively pse !  Thanx



Learning

 3 Replies

V.S.R.Deekshitulu (B.Sc, B.L)     10 July 2009

If the wife files or does not file, a petition,  her right of maintenance is not lost. The petition of the husband is no hurdle to get relief of interim maintenance pending the proceedings under H.M.Act. They do not have any bearing even if the wife files an application under Sec. 125 of Cr.P.C. While defending the application of the husband, the wife can claim the reliefs under Sec. 24 and 25 of H.M.Act, and she can also prosecute the petition under Sec. 125 of Cr.P.c.

Clarified

 

MVenuSwara (Others)     13 July 2009

Thanks Sir.  Maintenance seems to be birth right.  Sir also please illustrate about how important is filing of RCR in a divorce case.  What if wife does not file RCR and file maintenance. What if husband file Divorce petition directly.?  This wd be helpful to all who are in lurch.  Thanx

amit kumar (Advocate)     05 October 2010

any one pls provide me the Petition U/S 9 HMA

Thanks


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