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jitendraku (CA)     11 July 2015

Arguments on maintenance

Case brief: Wife filed RCR u/s 9 along with application for interim maintenance u/s 24 HMA.

Husband filed WS to 24 HMA application.

I am confused with the procedure happening at the arguments stage when WS by both the parties are filed for determining interim maintenance u/s 24 HMA.

Does cross-examination of husband and wife not take place at this stage?

Or the Judge intentionally avoided the cross examination of both the parties.

I believe it is necessary for the me to check my the payment capacity.

 

Please advise.



Learning

 2 Replies

Adv. Deepak (Advocate)     11 July 2015

At the time of hearing of an application under section 24 of HMA, no cross examination of husband or wife is being taken by the Court.  Application by wife and reply by husband are considered.  Two points are considered one - expenses incurred by wife for her maintenance, her source of income if any, husbands income, his liabilities and persons depending on him and the suitable amount of maintenance is considered by the Court.

santosh   12 July 2015

hello sirs.. coul you please guide me through ... can husband defend himself in RCR cases in family court..... I have filed for Divorce in Mumbai 6 months back since my wife deserted me 1 year back saying she wants to leave separately. I am the alone son of my parents and both are diabetic patients. my wife is from a well to do family . wife is a MCom with MBA but not working. she has file a RCR in PUNE family court asking 40000 as interim alimony. I have already hired a lawyer in mumbai but since two hearing she has not appeared in court.

my wife family had cheated me ... she is 3 years elder to me which i came to know when i saw her documents after marriage.. i have a copy of her Driver licence, college leaving cert and aadhar card . also she was undergoing treatments for her injured back before marriage ( she slipped in bathroom ) which her family hide from us . i have proof that her treatment was ongoing before marriage . please guide me how can i defend myself  in the RCR and interim maintenance case .  thanks in advance ... santosh


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