Application under section 24 of hindu marriage act in appeal of decree of divorce
rupeshgangurde
(Querist) 09 October 2013
This query is : Resolved
R/sir,
Civil Court senior Division allow my application of divorce but directed to continue pay maintenance of section 24 appl. as a permanent allimoney in absence of any issue or application under section 25 of act. I made appeal in District court on this allimoney only, She appeared and filed application under section 24 again in my appeal.
Hence request that, did her application tenable or not in appeal. suggest citation related same issue. Thanking you
R.K Nanda
(Expert) 09 October 2013
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rupeshgangurde
(Querist) 09 October 2013
not avilable on indiankannon.com
P. Venu
(Expert) 10 October 2013
The court had no jurisdiction to grant the alimony in the absence of application from the party concerned.
Section 24 is a temporary measure during the currency of the proceedings. The appeal filed filed entitles the wife to seek expenses for the proceedings.
P. Venu
(Expert) 10 October 2013
The court had no jurisdiction to grant the alimony in the absence of application from the party concerned.
Section 24 is a temporary measure during the currency of the proceedings. The appeal filed filed entitles the wife to seek expenses for the proceedings.
Ms.Nirmala P.Rao
(Expert) 10 October 2013
If your wife has no adequate means of livelihood to support herself and is not engaged in gainful employment of any sort,and as per your case in the appeal relating to alimony under Section 24 HMA, she has already filed a counter application for interim alimony under Section 24 etc, normally the courts would grant her prayer of interim alimony even though she has left your company without reasonable cause etc.
H. S. Thukral
(Expert) 10 October 2013
application is maintainable since the Appeal is continuation of proceedings under HMA.
Raj Kumar Makkad
(Expert) 10 October 2013
Application under section 24 of HMA is applicable in appeal but the same is not applicable after passing of decree of divorce by the concerned court.
rupeshgangurde
(Querist) 10 October 2013
thank you all of honourable.
my lawyer told me that it is applicable but in appeal consequences involved in Trial court decree and her conduct in trial court r 2 be considered which could not considered in trial court.
in trial court I was directed to pay 5000/- I did not appeal on it & tried case under section 21 of act after 13 month My divorce petition allowed on cruelty and desertion ground. by considering case and her conduct that SHE HAD FILED HER MARITAL STATUS AS UNMARRIED IN MPSC application and that applications bearing two Ex. in my case, as well as she is Bsc/Bed and now appearing for LLB. Trial court cites 13 different case law of supreme court to conclude his judgement, but on suo motu directed to continue to pay Rs.5000/ PM during her life time, she & I goes in appeal but again she filed application under section 24 of act in MY APPEAL ONLY. Hence request how 2 handel appeal, if again & again matter goes in upper court like till supreme court, what remedy for me. I have to face criminal & civil proceeding including IPC 376 filed by Her. How I stop this. request to all Please solved this, I am miserable.
V R SHROFF
(Expert) 03 November 2013
Litigation takes it's own time.
No Hurry.
Paying Rs. 5000/- Mtn will be considered at this stage also.
Due Process of Law...
Sarvesh Kumar Sharma Advocate
(Expert) 10 October 2013
