HMA 24
INDIAN
(Querist) 28 April 2013
This query is : Resolved
I filed 125 , come to know by reply of 125 that Husband filed HMA13 . I filed my application in high court to transfer of case in my resident city on the ground of my baby is 3 months old and I m having no mean of income. HC has ordered to stay on proceedings of HMA13 and given the next date of hearing of transfer of case. Now My query is can I move my application in my city for HMA 24 before the decision on case transfer by HC ? what r the chances of Transfer of case HMA 13 in my residential city ? Is taking the divorce is so easy after 2 Childern ? Ehat else remedy I can use ?
ajay sethi
(Expert) 28 April 2013
you have 99%chances that your husband petition for divorce would be trnasferred in your city . the reason being that your baby is only 3 months old and to travel with such a young baby on every court date would be hereculean task . you cna contest your husband application for divorce . if you are not willing to divorce him it will take him years
Tajobsindia
(Expert) 28 April 2013
1. Before Hon’ble HC Orders on transfer you cannot move S. 24 HMA Application in your city.
2. Transfer may happen one has to wait for the decision of Hon'ble HC.
3. Even seeking remedy in time under S. 125 CrPC is not that easy.
4. Remedy depends upon full facts right now your query were related to transfer and can you file S. 24 HMA before even the case is transferred to your ordinary residence Jurisdiction which has been replied.
INDIAN
(Querist) 28 April 2013
Mr. Ajay Sethi , Pls accept heartiest thanks for so quick reply . But my one query is still there that can I file HMA 24 before transfer of case in my residential city ? In which case I can get the more maintenance , in 125 , DV or HMA 24 ?
ajay sethi
(Expert) 28 April 2013
tajobs india has already answered your query on said issue . only after transfer of case under HMA can you filer appalication under section 24 HMA .
yoou can file case under DV act . claim maintenance , right to stay in shared household and other reliefs .
R.K Nanda
(Expert) 28 April 2013
agree with experts.
Nadeem Qureshi
(Expert) 28 April 2013
Dear Querist
you can file an application u/s 24 of HMA before HC too, in this application you can get litigation charge, fair, lawyer's fee, zerox charge, court fee, procees fee and other expenses.
but you can get the main maintenance in 125 of Cr.PC
Devajyoti Barman
(Expert) 28 April 2013
You can file case u/s 24 HMA even before transfer of the case if there is no stay in the proceeding.
The order of maintenance can be granted in any of the proceedings you mentioned one by another.
Devajyoti Barman
(Expert) 28 April 2013
You can file case u/s 24 HMA even before transfer of the case if there is no stay in the proceeding.
The order of maintenance can be granted in any of the proceedings you mentioned one by another.
INDIAN
(Querist) 28 April 2013
Mr. Nadeem , The advocate fee I have given for transfer of case , can also be claimed from the husband and my next hearing is in May 13. Can I present my HMA 24 application also in my next hearing ?
Raj Kumar Makkad
(Expert) 29 April 2013
You can file your application on the next date of hearing the no comment can be passed about the fee matter.
Devajyoti Barman
(Expert) 29 April 2013
You can apply for litigation cost in your petition u/s 24 of HMA.
INDIAN
(Querist) 06 May 2013
In litigation cost can I file for litigation expenses of ALL cases (Like 125 , 498a , DV and HMA 13) or It will be only for the HMA 13
Devajyoti Barman
(Expert) 06 May 2013
You can claim so only in 125 case and in the divorce case.
