Application under sect 151 cpc for revival of the petition and application under u/s 24 of hma
sandeep
(Querist) 22 September 2015
This query is : Resolved
My marriage get in 2000 and the marriage was never consummated.. i have been living at my parental home place since then...the person i got married with was a big layer.. she commit me every time to stay with me but without any rhyme or reason..still not come back and put a divorce case 1 time 4 years back and that was close in mediation center after re-consol of marriage 3 years back.But she did't come back for any single day to stay with me and again after one year she filed the petition for application under sect 151 cpc for revival of the petition and application under u/s 24 of HMA.
pls advise :
1. Without filling divorce case she can ask for maintenance ?
or she had filled divorce case sepertly and that notice was not reached to me?
2. i am ready to stay with her but she is refusing so can court pass the order to stay back with me?
3. If she has not filled divorce case so can i filled divorce case if yes so on which ground?
4 If maintenance order will be pass by court so how much % will be consider of my income by court as maintenance pay to my wife.
5 And till how long i have to pay maintenance charges to my wife without divorce or after divorce?
thanks
SAINATH DEVALLA
(Expert) 22 September 2015
Sandeep these are UR queries since 2 months wherein U project URself as the victim,clarify
asked a query in Experts Application under sect 151 cpc for revival of the petition and application under u/s 24 of hma
asked a query in Experts Sect 13a and 13b
asked a query in Experts Joinng law
asked a query in Experts Section 13 (1a) and 13 (1b) family law
asked a query in Experts Custody of 18 year chiled
sandeep
(Querist) 22 September 2015
all are query related to my case only
custody of 18n yers old child related to my 1st divorce with my 1st wife which was on MC basis in 1997 and my child still staying with her after +18 years old..
Sect 13 a nad 13 1b is all about case related to my 2nd wife divorce case was filed in 2010 and settle in 2011, but re-open in 2013 by my wife, but unfortunately my home was locked no notice was recved by my self and earlier information was pass on to me by some source based in court since i was out of town and i did't seen any notice earlier but my source only told all this to me.
last one is current since i have recved notice in B&W my self in this week and which not containing any copy of others notice which was told by my source to me.
And join the law i want to take my carrier further as law expert since i am related to shipping industry and responsible to settle claim of clients where i need help of law expert.
I hope i have clear my stand.
Pls you can ask if still not reply to any of your query.
sandeep
(Querist) 23 September 2015
Dear Expert
Hope i have reply all your query and pls advise as per my query,
Thanks and Regds.
Sandeep
SAINATH DEVALLA
(Expert) 23 September 2015
But for all the above queries U posted earlier sufficient replies were given by the legal experts.The subject matter is the same.
sandeep
(Querist) 23 September 2015
Pls note follwing was not replyed in earlier reply.
pls advise :
1. Without filling divorce case she can ask for maintenance ?
or she had filled divorce case sepertly and that notice was not reached to me?
2. i am ready to stay with her but she is refusing so can court pass the order to stay back with me?
3. If she has not filled divorce case so can i filled divorce case if yes so on which ground?
4 If maintenance order will be pass by court so how much % will be consider of my income by court as maintenance pay to my wife.
5 And till how long i have to pay maintenance charges to my wife without divorce or after divorce
SAINATH DEVALLA
(Expert) 23 September 2015
Ans:
1.YES
2.NO
3.Already once divorce withdrawn after reconsole.
4.Maintenance according to UR earnings
5.As long as she remains unemployed and not capable for earning for herself.
Rajendra K Goyal
(Expert) 23 September 2015
Consult local lawyer and show him full case file.
R.K Nanda
(Expert) 23 September 2015
Consult local lawyer.
sandeep
(Querist) 23 September 2015
Dear Expert many thanks for your advise and i shpould consoult with local lawyer.
Pls reply my last query i.e
filed diveroce by my wife is sine die with optaion to revive the same in future if so required, Anbd my wife revive only for u/c 24 for mantaince insted of stayed with me single day after order pass by court.
Under this situcation can i file divorce if she don't want to come back and stay with me with same case?
or
i have to file fresh case for divorce at the same time?
Thanks,
sandeep
(Querist) 24 September 2015
Dear Expert
Pls advise
Thanks and Regds
Dr J C Vashista
(Expert) 25 September 2015
Application u/s 24 HMA, 1955 is interlocutory (interim maintenance pendente lite) which is part and parcel of main suit for divorce.
For further queries, guidance and advise consult your lawyer, if unsatisfied change him/her.
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