sai narayana 29 June 2016

24hma and divorce can both run simultaneously

My wife filed Divorce case and two months thereafter before my counter itself she filed Interim-maintenance under sec.24hma.

So my queries are

1. Both interim maintenance and main divorce case run simultaneously, so i need to submit counter to both??

2. Interim-maintenance decided first so i need to file counter for it and later for main divorce case?

3. She filed Maintenance under crpc 125 too now in same court, what i have to do now?

4. Actually i am intended to file Counter-claim divorce along with my Written-statement, but after seeing those all maintenance petitions i am fearful of filing it. So please suggest me When shall i file my Counter-claim Divorce, along with my written statement or postpone it for some period?

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4 Replies

Khush 29 June 2016

1.yes 2. Interim will be decidedfirst. U can file reply for both together 3.she has liberty to file multiple maintenance but will be eligible for one maintenance which is high. In your reply you should mention that she has filed other too 4.if u really want divorce, on your appearance day jUST tell judge that u want amicable solution and send u for mediation. There u can mediate with opposite party for mutual consent for divorce. If u do not want divorce u have to xontest it And deny all the allegations in her perition

adv. rajeev ( rajoo ) (practicing advocate) 29 June 2016

She can file interrium maintenance application in the pending divorce case. First such applications will be heard. You file an objections to that application. If she has filed case u/s 125 she can proceed with the case. If one of the above cases any maintenace she got, she will have to withdraw the another one. Maintenance cannot be awarded in both the cases

A walk alone (-) 29 June 2016

1) yes2) intrim maintenance will decide first. You should file an objection to that application. 3)she can file multiple maintenance case but will be eligible for one maintenance which is high4) if you also want divorce then dnt waste time and money in court. Go MCD.