Hma 24 and 26 pending
JASWANT VIJAY AGNIHOTRI
(Querist) 04 April 2013
This query is : Resolved
Iam a central govt employee,married on 14 july 2010 and marriage ceremony held on 14 may 2011,she did not came after june 2012, (we stayed toghether only 05-07 months)then threaten to false case so divorce filled by me on mental and physical cruelty and adultry on 25 sept 2012. first hearing on nov she came with hma 24 and 26 and refused to join in front of court.
one baby girl born on 20 feb 2013, i met them in hospital but wife refused to join.she only want money and stay with her boy friend.
she is being fuelled by her mother, she is bad mother-in-law.
till today i dont know the name of my baby also.
03 dates gone and next is on april 11,2013. how to proceed fast as i don't want her back now, not baby also, she will never understand.
she is not ready to divorce also. divorce is filled (sept 12) and i have all call records and each talk in audio and video. i have call recording with her boyfriend saying will die without him.
she clearly said that if i die she will not care, and money is must.
i have call detail got from RTI and i started record everything after 03 days of my marriage ceremony of may 11, because she did not made any relation with me for 01 months continues. she always said that she dont like me and her mother made her to marrie me.
i also said after her strong refuse to join me to judg that baby is not mine, judge said that wait till evidence stage.
in audio recording she is saying that it is not her voice and refusing.
how hma 24 and 26 (baby born on feb 24,2013) will be granted, at what stage and how much if my payment is 20000.Rs
what to rply. please advice.
Nadeem Qureshi
(Expert) 04 April 2013
Dear QUERIST
as per your query, if she is not earning and unable to maintain herself, court may pass an order to pay 33% of your income or 25% its depend on court at initial stage.
Feel Free to Call
Raj Kumar Makkad
(Expert) 04 April 2013
If your wife or her lawyer despite of 3 hearings even after due notice is not appearing before family court in divorce case then you need to pray before the court to proceed her ex-parte.
As she has already filed her 2 applications, you need to submit replies against those on the next date of hearing and then the applications shall be decided and thus case shall proceed further. Law takes its own course.
Now come to the question of your liability of maintenance. It shall have to be borne by you if your wife is not having independent income to maintain herself. Your baby is entitled to recover from you only.
The grounds for divorce petition are perfect.
Sankaranarayanan
(Expert) 04 April 2013
if she is not have independent income for maintenance her day today routine then she can claim , more over you have full commit for your kids maintanance
Devajyoti Barman
(Expert) 04 April 2013
I do not see any escape route to avoid maintenance to your wife and the child.
Be prepared to part with at lest 1/3rd of your income.
R.K Nanda
(Expert) 04 April 2013
no more to add.
JASWANT VIJAY AGNIHOTRI
(Querist) 07 April 2013
i appreciated the answer of RK Makkad sir, and after her forbidding in court to join me, i was nervious and stayed in stress for a month
but also i am in stress and thinking why she did it with me...
i am not in hurry, she only needs money and clearly saying that she will gain it though court and i will have to pay.
her mother is very cruel and she even tried to beat me once.
i cant forget this type of behaviour when my BIL beaten me and police also after seeing my injury didnt actioned.
i want to know that how the arrears of dues are finalised when she filed hma24 and 26 in nov,12.