Hi Friends,
My wife had filed sec 24 HMA way back in October 2011. Her 24 HMA application was accompanied by way of an Affidavit. She had falsely averred very clearly in her sec 24 HMA application that she has no means of earning her livelihood. I filed sec 340 on top of her sec 24 HMA application (in July 2012) after learning that she was working in a private school in that duration when she had filed her sec 24 HMA application. From July 2012 till December 2012 the Hon'ble Family Court didn't hear or did anything in my sec 340 application. In December 2012 my estranged wife very cunningly gave an application in Family Court and withdrew her sec 24 HMA application on suspicious grounds. The sec 24 HMA case was in progress in Family Court and I had to give a reply to her petition. I then filed an application in the Family Court to restart the proceedings in my sec 340 case. My application was taken by the Judge of FC but that day no decision was taken.
For many months no proceedings had been conducted in my sec 340 case. I then filed 482 in High Court (in July 2013) to direct FC to finish the proceedings in my sec 340 case in time bound manner. During the arguments the opposite side produced a document from Family Court (which I wasn't aware of ) which read that "Since the respondent had withdrawn her sec 24 HMA application so there is no logic in giving an order in my sec 340 application". The HC Judge read this and himself said that "Since the respondent has withdrawn her sec 24 HMA application so the proceedings in the case has come to a close so no order can be given in my sec 340 application and the Hon'ble HC dismissed my 482 outright".
My Queries:
1) In the given scenario Is the Judge rt. that "Since the respondent has withdrawn her sec 24 HMA application so my sec 340 application is nullified in other words no Order can be given in my sec 340 application".
Please Note: At the time I filed sec 340 on top of her sec 24 HMA her sec 24 HMA case was pending in Family Court. The stage of her sec 24 HMA case was that I had to file reply to her sec 24 HMA petition.
2) Do I file a review petition in Hon'ble HC for the same? OR what other options do I have ? Please do give your suggestions and also judgments from HC if applicable for the given scenario.
Please do give you valuable suggestions and arguments for the above. If you feel that the Judge is wrong in dismissing my 482 application then please do let me know how I can revive my 482 application in HC OR exactly what is the procedure to get my sec 482 going. Please do give some SC or HC judgments in support of the same.
Please do Help !!! I am appearing as Party In Person (PIP) and fighting my own case in HC.
Waiting for all your reply patiently.
Thanks and Regards,
Sid.
