Sec24 pending long
rajiv_lodha
(Querist) 11 May 2012
This query is : Resolved
A contested divorce on cruelty ground is running against wife for past 2 years. Its still on ‘petitioner’s evidence’ stage. Meanwhile Sec24 application is not PUSHED by the opposition (wife in govt job, earning 45k).
* Not-Pushing of sec24 by girl side for such a long time may weaken her claim?
* Is it wise for husband to bring forth the issue OR allow it to die its slow death
* One nice day, if girl revives her sec24 application down the lane, does the husband have to pay the pending maint. too, from the date she applied sec24?
* Suggest the best way out
Shonee Kapoor
(Expert) 11 May 2012
When the applicant is in no hurry, why are you bothered.
Proceed with evidence and finish the case fast.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 11 May 2012
if diorce is contested it may take some years to be disposed of .
if wife is no hurry then you need not bother .
if wife is earning rs45,000 a month her claim for maintenance would be rejected
it has been held in number of cases that
It will be unjust to burden the husband to pay an amount of maintenance to wife who is equally able and rather more
qualified and competent to earn
ajay sethi
(Expert) 11 May 2012
1991 Civil Court Cases 424 (M.P.)
MADHAYA PRADESH HIGH COURT
Smt.Indira Gangele
Vs
Shailendra Kumar Gangele
Hindu Marriage Act, 1955, Section 24 - Maintenance
pendente lite - Date of payment - The normal date of payment for the
maintenance pendente lite is from the date of application - if
specific prayer is made then order maybe made either from the date of
institution of suit or first appearance made by the defendant - In
case the applicant is found guilty of protracting the proceeding,
order may be made operative from date of order
adv. rajeev ( rajoo )
(Expert) 11 May 2012
Lead your evidence and get the order, you don't have to think about the other side, you have filed the case you have to proceed with the case.
