Divorce petition & app. for maintainence @ for custody of ch
vinod bansal
(Querist) 02 June 2010
This query is : Resolved
R/Experts
I am representing the wife (respondent)in a case of divorce petition filed by husband on the ground of cruelty by wife.Now case is fixed for 7th of june for summoning of wife(Respondent).I want to file application for maintainance u/s 24 of HMA and further i want to file a app/petition for custody of minor child (one and half year old girl)which was forcibly snatched from the motheri.e. wife by her husband at the time when she (wife)was shut out from the matrimonial house by her in laws.What is proper way which i have to adopt for custody of child,is their any provision that enable me to file custody application in the above stated divirce petition or i have to file a seperate case/petition for custody,secondly is it permissible to file app for maintainance us 24 HM Act at the time of 1st date of summoning or i should wait or i have to file app us 125 Crpc.Kindly suggest.Thanx n Regards Vinod Bansal Adv Jind
Guest
(Expert) 02 June 2010
Yes, Sir, you can file application for maintenance pendente lite and expenses of proceedings u/s 24 HMA and custody of children u/s. 26 of HMA on the next date of hearing. But the court would firtst initiate counselling proceedings and later on only consider your applications. But, the presiding officer may direct the husband to pay some expenses to wife during the counselling periods and I suggest you please mention to the judge for the same.
Wish you best of luck.
vinod bansal
(Querist) 02 June 2010
Thankyou very much R/Prabhakar ji
