Again section 24 of hma

Non payment of money due can be executed by the decree holder, court as such cannot strike down defence or dismiss the main petition as there is no provision under the Hindu Marriage Act for this nor CPC provides it. Any court doing such act is doing it under its inherent powers but that power cannot be misused to punish the defaulter party if there exists provision of execution of money decree let that process be carried out than striking down defence or dismissing the main petition. It all depends how strong your counsel is to convince the court.

Non payment of money due can be executed by the decree holder, court as such cannot strike down defence or dismiss the main petition as there is no provision under the Hindu Marriage Act for this nor CPC provides it. Any court doing such act is doing it under its inherent powers but that power cannot be misused to punish the defaulter party if there exists provision of execution of money decree let that process be carried out than striking down defence or dismissing the main petition. It all depends how strong your counsel is to convince the court.

https://indiankanoon.org/doc/87334480/

https://indiankanoon.org/search/?formInput=non+payment+of+interim+maintenance+cannot+strike+off+defence

check the above for striking of defence on non-payment of S24

Thanks to all of you to clear my all doubts.

I also thank the quriest becouse of him i also learnt. Please ignore my previous advise in which i said case is not maintainable .

Dear All,

 

I do not find any judgement that defense of defaulting husband should not be barred.

Kindly help in finding ..............

@ Mr Narayanan 

the judgement you suggested is also in the favour of wife 

Pls help

The 11th paragraph of first link is quoted for your reference.

 

11. Where the maintenance pendente lite was not paid in pursuance to an order passed under the Act, this Court in Krishan Kumar v. Monika Grover 2011(6) RCR (Civil) 121 held that the erring spouse was disentitled to be heard on merits for disobeying the order of the court with the following observations:-

"In Rani's case (supra), this court allowed appeal filed by wife against decree of divorce after the defence of the husband was struck off on account of non- payment of maintenance as fixed under section 24 of the act. Relevant para 7 of the judgment is extracted below:-

"No doubt, wife can file a petition under Order 21 Rule 37 Civil Procedure Code for the recovery of this amount and the husband can be hauled up under the contempt of Courts also for disobedience of the aforesaid Court's order, but Section 24 of the Act empowers the matrimonial Court to make an order for GURBACHAN SINGH 2014.12.22 12:39 I attest to the accuracy and authenticity of this document High Court Chandigarh maintenance pendente lite and for expenses of proceedings to a needy and indigent spouse. If this amount is not made available to the applicant, then the object and purpose of this provision stand defeated. Wife cannot be forced to take time consuming execution proceedings for realising this amount. The conduct of the respondent-husband amounts to contumacy. Law is not that powerless as to not to bring the husband to book. If the husband has failed to make the payment of maintenance and litigation expenses to the wife, his defence can be struck out. No doubt, in this appeal he is respondent. His defence is contained in his petition filed under Section 13 of the Act. In a plethora of decisions of this Court in Smt. Swarno Devi v. Piara Ram, 1975 HLR 15; Gurdev Kaur v. Dalip Singh, 1980 HLR 240; Smt. Surinder Kaur v. Baldev Singh, 1980 HLR 514; Sheela Devi v. Madan Lal, 1981 HLR 126 and Sumrati Devi v. Jai Parkash, 1985(1) HLR 84 it is held that when the husband fails to pay maintenance and litigation expenses to the wife, his defence is to be struck out. The consequence is that the appeal is to be allowed and his petition under Section 13 of the Act is to be dismissed."

Dear Narayanan

It is written again and again that husband defense is to be struck off 

i am looking for defense cannot be struck off

Please help in explaining

nothing to add

Siddarth bhai

We can have judgment for what is well settled in law. If you want to prove contrary god only I mean luck only can save you.

Originally posted by : sai narayana
	Siddarth bhai We can have judgment for what is well settled in law. If you want to prove contrary god only I mean luck only can save you.

Dear 

I have found one but i didn't find a copy with case no

Can You try????

https://fromvinayak.blogspot.in/2013/09/willful-non-payment-of-intrm-maint.html

willful non payment of intrm maint, court can strikeoff husbnd's wrtn stmt, but he can fight agnst wife's case! P&H HC Gem. shows that though husband's written statements are struck off, he can continue to cross examine wife's side witeness, prove the falacy in her arguments and argue that she should NOT get her prayers granted !!

under the condition of non payment after decree or exparte or order given by judge  wife / husband can file for execution, under which only attachment of property is the punishment.

no court or judge force either husband or wife to live together........similarly if husband is not able to pay...then judge also not force him to pay , judge only allow minimum or one third of salary in deciding maitenance order or recenlty i come to know the maximum of maximum is five thousand rupees only is the maintenace because a single lady can suriview with this much................provide she is not educated/ not able to earn and have no child if child is there then extra max of max 3 thousand

and if she is educated the she have to search job for her in one year and after that maintenance condition ellapsed. 

in sec24 till the main suit run only limited ammount is maitainable................................

this is by discussion of advocated from MP courts............and from many case run in MP

if husband convince or prove that he is not able to pay under sec24, and wife case is false, she her self withdrawn her from husband company etc then judge not award maintencce

as far as main case is concertn either party has given equal chance to defend and put evidence and proof before court, court listen both the parties and record the proceedings as per the process of court.............................

Dear friends,

Please guide one more thing

 

Application of maintence starts with

 

Mrs___________                                                         Applicant

                                          Versus

Mr____________                                                       Respondent

Application on behalf of applicant/wife for the grant of maintenance and litigation expense u/s 24 and 26 of HMA

 

So My question is my minor daughter is NOT an applicant in this application.

Can Court order me to give maintenance for minor child in these circumstance?

Can i raise this point at the time of argument.?

And for my wife i have her job details like salary slip and salary account bank statement.