U/s 24 hindu marrige act
Dirgesh kumar sharma
(Querist) 29 August 2013
This query is : Resolved
R/sir,
after ex party divorce digree in favour of husband. by wife put up application O9 R13 with u/s 24 Hindu Marrige act.
In divorce case wife is appear and file reply after 4 hearing not appear than ex party order.
The femily court in application O9 R13 is pendig and first hering is application u/s 24
my q is above condition in u/s 24 is menteneble or not? I am fevour of husband
ajay sethi
(Expert) 30 August 2013
in the interest of justice and subject to payment of costs high court will set aside exparte decree . in reply to her application under section 24 raise the objection that impugned order granting divorce has not yet been set aside .
better opt for divorce by mutual consent
prabhakar singh
(Expert) 30 August 2013
I think taken togather section 21 and 24,an application under section 24 would lie even during pendency of application under order IX rule 13 of C.P.C.
Dr J C Vashista
(Expert) 01 September 2013
Once order IX rule 13 application is allowed BY High court, either of the spouse can move for maintenance u/s 24 HMA.
