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skec (superwiser)     24 January 2015

Can parents of husband be also seperate party in hma-27 ??

Hi All,

my questions are following that::

  1. Court can allow to Father (of husband ) as a seperate party in HMA-27?? even case is already filled in familiy court Bhopal under  HMA 13-divorce,HMA-24,HMA-25,HMA-27 by wife in sep2013.  I am not capable to return her false claim under HMA-27. So they are making party to my parents under HMA-27. How this is possible ? even i am paying maintenence monthly under HMA-24.
  2. My relatives are also facing 498a, they are govt servant in bhopal and during FIR they got AB but now wife side people trying suspension from govt servant, is there any possibilities to get suspension on 498a?
  3. If i am not able to return her false streedhan then what could be happen?
  4. I also can not able to pay maintenece but due to court order i am managingn if i dont pay then what can happen?

please also provide judgement order on above queries.

Thanks

sanjay



Learning

 2 Replies

ROHIT SHARMA (Legal Advisor )     24 January 2015

1. Your father cannot and should not be made or become a separate party in the matter u/s 27 H.M.A.  The matter does not involve Dowry issue.

2.  Since your relatives have got A.B. then there is no risk of them being questioned by their department since only if a Govt servant is arrested and detained for more than 36 hours then the Govt department can put him under suspension.

3. The quantity and the items of the streedhan property needs to be proved by her. You just relax and if in fact you do not have them with you then even the police will not interfere and will ask her the proof of such streedhan. 

4. You will need to continue to pay the interim maintenance and file application for altering the amount by showing the depletion of your income. If you do not pay then this H.M. Act being civil the court cannot use the discretion to detain you in judicial custody.

5. If need be opt for phone consultation. To get my contact details click my name shown in the L.H.S. margin of this reply format.

 

skec (superwiser)     25 January 2015

Dear Rohit Sir,

But familiy court judge has issued notice to my father for seperate party under u/s HMA27.

Should i appeal in high court? do you have any ruling regarding this.

 

Thanks.


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