satya (Manager) 08 November 2014
Section 25 of HMA govern the permanent maintenance in case of divorce.
1. An application under section 25 is required to file in family court?
2. No dobout section 25 made provision of permanent maintenance at the time of divorce or after divorce. Is it not necessary to file application of maintenance?
3. Whenever the family court not allowed the maintenance in decree of divorce how higher court may decide the permanent maintenance overriding the authority of family court?
sandykrish (Interested in Family LAW) 09 November 2014
Adv. Chandrasekhar (Advocate) 09 November 2014
1. At the time of issuing the divorce decree, if application is lying before the court under S. 25 HMA, the court will decide it along with divorce decree. This application lies before divorce court (family court).
2. After the divorce decree also, at any time, application under S. 25 can be filed by the spouse in the divorce court.
3. That H.C. has got the appellate power to set aside or amend or allow the order passed by the divorce court.
4. The H.C. order under Section 25 can also be challenged in Supreme Court.
5. Whenever, there is change in circumstances, the divorce court gets the jurisdiction to entertain S.25 application for amendment of its own orders.
6. If husband gets divorce decree and wife challenges it in the High Court (vice-versa), naturally the wife does not file S.25 application before divorce court, but in pending appeal in H.C. the wife seeks the continuation of S.24 maintenance amount or move a fresh application under S.24.
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