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(Guest)

Divorce maintennace

following is my query:

my dv act has been running in delhi court..i have asked for residence rights,protection orders,interim maintenance under it....hopefully maintenance will get fixed in 2 months......... i never filed 498a case..no criminal case..no women cell complaint..nothing....

on the other hand divorce filed by hubby..i recieved his petition 6months back....i have not submitted my w/s as of now ..no sec 24 maint application..no step has been taken by me..since counselling was going on and it failed..... so now what steps should i take?

1. can i file sec 125 crpc maintenance now? or i should not since interim maintenance under dv act is pending....

2.should i file sec 24 maint application on the next date without my w/s ?? or its mandatory to file w/s alongwith sec 24?



Learning

 4 Replies

sripada VRS (LEGAL AND FINANCIAL ADVISOR)     22 October 2012

dear sister, u file ur counter along with U/s 24 for maintenance. also DV act  get mairenance from him. if choose the 498a is also file against him. but think twice if possible to u  to join with him. otherwise take suitable decision.


(Guest)

i have contacted my hubby 1000 times to reconcile....and start living together..... but he is not ready.... so am thinking to file my w/s....sec 24....sec 9 (RCR)....and also sec 125 crpc..... if i will delay then judge will think that i have accepted his allegations..... so you think i shud go ahead now?? as i have really tried hard for reconciliation.....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 October 2012

dont go for RCR.

Tajobsindia (Senior Partner )     26 October 2012

File any case in Family Court it will eventually be first sent for reconciliation. If you file S. 9 HMA you have long term advantage under its decree Execution in case reconciliation and all social efforts fails and you seriously believe in saving family.

S. 9 HMA for metro wife’s are interesting civil remedy for long terms to come.

 


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