Hindu adoption & maintenance act
ashutosh
(Querist) 24 July 2013
This query is : Resolved
Can the wife file a suit under Section 18(2) of H.A.M.A when a prior divorce appeal is pending in High court which is governed by Hindu Marraiage act 1956. The wife is already getting maintenance pendentlite us/24
Can the H.A.M.A Case be filed by the wife in her native place far away from the place of marraige or from the last matriomonial house where husband & wife resided. Is there any limitation for Jurisdiction of such cases if the wife files such case far away from the last place resided in her husbands home.
Can two suits be heard seperately but simultaneously one under H.A.M.a section 18 2 & one hunder Hindu Marraiage act under Sec 24 / sec 25.
Devajyoti Barman
(Expert) 25 July 2013
Yes, she can file such suit in her native place.
There is no necessity that both the suits be heard together.
Raj Kumar Makkad
(Expert) 27 July 2013
The petition can definitely be filed from her native place even in the given facts.
