Ex party divorce and impact on sec 24 application

Querist : Anonymous (Querist) 18 August 2011 This query is : Resolved
Respected members of LCI
I filed divorce petition against my husband,later on my husband could not appear before court and court proceeded ex party and recorded my ex party evidence, now case is fixed for order, i want to know what will be effect of ex party divorce decree on my sec 24 HMA application.Regards
Sarita

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ajay sethi (Expert) 18 August 2011
an divorce puts an end to all proceedings and results in dissolution of marriage . your application under section 24 of HMA with regard to maintenance and expenses pending proceedings is interlocutory in nature and gets disposed of with divorce petition . if you have made an application for permanent maintenance under section 25court cna award you maintenace on lumpsum basis or monthly basis

Querist : Anonymous (Querist) 18 August 2011
Thankyou very much

M/s. Y-not legal services (Expert) 20 August 2011
am agree with expert.. petition u. sec.24 got exparty mean you can proceed further.. untill set aside the exparty order your husband liable to pay the interim mantenance..

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