Jagroop Singh (HR) 09 September 2014

Hma 24 - urgent advice needed

Dear Members,

Honorable Additional district and sessions judge has announced huge maintenance pendentlite U/S 24 of HMA after I filed for divorce from my wife on grounds of cruelty. Following are few facts about my case

1) I lost the job 3 years back due to this matrimonial hell and my wife has mentioned this in her police complaint that I am unemployed. I submitted this to the court as a proof that i am unemployed.

2) She had falsely stated without any documentry proofs that i am earning huge amount from a factory where my father is working as partner, whereas i have nothing to do with that factory and i have declared the same in my reply. She falsely projected me as a man of sources and huge income and assets and i have denied everything in my reply

3) She is well qualified MA and worked as a teacher and i submitted her experience certificate and degree certificate to prove that she is well qualified capable of earning

4) I also submitted few judgements where maintenance was denied to wife on grounds of her qualifications and capability to work, evenif she says that she is not working now

Very unsual proceedings took place in mycase . Honorable Judge sahab asked for the cause of dispute after I submitted reply to application of maintenance pendentlite of my wife and a short discussion took place on this matter. Next date judge sahab simply gave another date. Then on that date judge sahab simply gave directions to collect the order on next date. No cross or arguments have been done. My lawyer said that it is not good to ask the judge sahab for arguments.

I have not got the order copy yet, but i am stunned that huge amount of maintenance has been announced without any opportunity to bring the facts on record.

My question is,

1) Is this proceeding normal that HMA 24 proceedings take place this way only.

If this is not normal, then is it some error on our side that we did not ask for cross/arguments or it is discretion of honorable judge sahab to announce maintenance directly.

2) What are the steps followed in high court apeal. What should be my plea

3) Could you please advise some good Punjab and Haryana High court lawyers takling with such cases

Shall be thankful for your kind replies

Regards

Reply Follow

7 Replies

Hardeep (Business) 09 September 2014

The Order should be a " reasoned order " which will tell you your next course of action. It should be a " speaking order ". That is, the reasoning should be comprehensive and speak for itself.

An order without such reasons can always be challenged as arbitrary and without application of mind.

Case : State of Rajasthan v Rajendra Prasad Jain

- and many others

It is not necessary for a Court to have detailed " hearings " - since whatever is being given in writing is on Affidavit and if proved wrong penalties may follow.

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Hardeep (Business) 09 September 2014

Adding, S. 24HMA does not mean huge amounts pendent lite .. here is a link to one judgement to the contrary , explaining what is this Section:

https://ipc498a.wordpress.com/2008/10/03/justice-dhingra-explains-section-24-of-the-hma-2008/

Jagroop Singh (HR) 09 September 2014

thanks hardeep for your guidance.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 10 September 2014

Please appeal With Article 227 in high court in-person (Without Advocate) with necessary citations. Please don't pay any amount. These family judges are very corrupted.

File 383 IPC read with 384 IPC. Extortion. (File FIR)

If required then withdraw your divorce petition. 24 HMA will be dismissed automatically. Sample petition of Article 227 is in my link bellow.

Please look for a good girls any start live-in relationship (Marry secretly without any proof of marriage) and stay happy.

My personal opinion is boycott HMA.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 10 September 2014

You can use

Prosecution of Judge act-1850

in your Article 227 petition to take action against that corrupted judge.

Jagroop Singh (HR) 26 September 2014

Dear Sirs

Thank you so much for your replies.

I have got the order copy now.

Order says that husband might be doing business with his father in a company as alleged by wife where wife has alleged that her husband is earning huge amount alongwith his father. Wife has not given any proof to support her allegation

Whereas the fact is that husband has never worked in that company. His father is also only 1/4th partner of that company and earning very low which is evident from father's income tax return.

Session court has simply said that husband was earlier doing job in a private company which husband has admitted. So circumstances reveal that now he might be doing business with his father.

My question is "CAN COURTS TAKE SUCH BASELESS ASSUMPTIONS" Husband has given proof of his unemployement i.e complaint filed by wife herself to Dy commissioner and police commissIoner , where she herself writes that her husband has left the job and is since then unemployed.

1) Can we apply to same session court with proofs that assumption taken for passing order are vehemently wrong.

2) Or we have to appeal to high court only

3) 3 weeks have already passed from the date of release of order. How much time is allowed for making an appeal to same court or high court.

4) What are chances that high court will accept the appeal.

Shall be highly thankful for you replies.

Regards