amit 12 July 2015
Wife left matrimonial home and refuses to come back.
Husband filed RCR u/s 9 HMA, wife replied with application u/s 24 HMA.
Backed with the knowledge of the law now, she feels over the moon.
Her desertion can easily be proved.
A judgement that reflects this situation.
Desertion by wife and 24 HMA maintenance denied.
Does anyone know any HC judgement on this type of circumstance?
SAINATH DEVALLA (LEGAL CONSULTANT) 14 July 2015
For judgements browse india kanoon.org.
kapilshah 15 July 2015
HMA 24 is a peculiar case. Even if wife has done fault. Judge is not going to see who is at fault.
It really sucks that legal experts failed to elaborate the section 24 in act in much more elaborate way. Leaving this menance for husbands to deal with.
You need to pay even if wife would have given an in writing with affidavit saying that she deserted you.
T. Kalaiselvan, Advocate (Advocate) 15 July 2015
The grant of maintenance amount under section 24 of HMA is an interim relief to the applicant and it will remain in force only till the divorce or matrimonial dispute remains in force pending trial, once the same is disposed, this application will become infructuous.
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