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fighting back (exec)     25 April 2013

Filing hma24 after application for interim & final maintaine

Dear members,

Request your kind guidance,

Just yesterday, i came to know through my lawyer, that my wife has filed HMA 24.

The scenario until yesterday was:

She filed RCR at her place( state X)

I filed Divorce ( in my state A)

She filed application for interim and final maintainance at her place (State X)

i have yet to file my say for RCR

I had my counselling done for 125 interim , next date is scheduled in June 2013

now suddenly she has applied for HMA 24

My question is:

1)Can she ride on two horses? (sec 125 interim and HMA 24)

2)when sec 125 case is already going on at counselling stage, then is it right to also file a HMA 24 application?

3)What is the advantage to her to file two different application for the same relief? the application under HMA 24 is the xerox copy of sec 125 interim application, there are absolutely no changes in both the formats. then how can same relief be asked in two different sections?

4) she is able bodied, having two degrees B.Com and Mcom, but dileberitely sitting at her mothers home, doing nothing. i am just a bcom graduate, I dont know where she is working at the moment, or where she has worked in the past, as i dont have any clue whatsoever,as she is from another state.

5) i intend to file a RTI to the EPFO office to get her account number and then trace the employer, past and present, as she claims that she has never worked anywhere and doesnt have any prior work experience,and she is dying of hunger!! as her husband has neglected her, and hence she has filed RCR. my question is : would filing or RTI application be useful to the EPFO office and ask for specific information of her, as it happens to be a third party. and would this in anyway affect my case

5) she has not yet filed her say in the divorce case filed by me in my state,  nine months have passed. she has filed HMA 24 in her state. should i go ahead and tell my lawyer to apply for a 'no say' order, when a ' no say' order is passed, what happens in such a scenario?

I would indeed be grateful to you if you can kindly guide me, i need to defend this weapon of legal terrorism given to women, she is trying to use 3 weapons on me to extract money from me, RCR, 125 and now HMA 24.

Please Help!!!!!

 

 



Learning

 5 Replies

Tajobsindia (Senior Partner )     25 April 2013

1. She has respective rights to file such and such Applications, whether she gets or not is nobody's case as mentioned two maintenance applications are currently matter of respective trial.

2. Mention about your qualification and income too to balance such query.

PS.:-
You will get complete reply, wait, allow her to file DV Complaint case too for seeking monetary reliefs under it as both of your matters are not yet properly baked and these are simple foundation laying acts so that both of you can properly meet each other in various Courts is my view.

Multiple maintenance rights are bedfellows to redefine strange game of family polo"

fighting back (exec)     25 April 2013

@TAjobs.......thank you sir for your kind reply, my qualification is B.Com., my monthy income is Rs 17000, pm , my big liablilites are paying for the emi of my house, which works to around Rs 14000 pm, i am earning a rent from that house at Rs 8000, me and my brother are sharing the EMI and the income rent earned, and i am spending heavily on my mothers treatment

my income = 17000 pm less my liabilites of Rs 7000 and my qualification in Bcom

my wifes qualification = B.com + Mcom and MBA first year.  - and no income

I would indeed appreciate your kind reply. thanks

stanley (Freedom)     25 April 2013

She can file HMA 24,CRPC 125 and than the domestic violence act to ask for maintanence . When this is the case ,try to understand which so ever lawyer she has hired has given her tall claims . But the client is at a loss since she has hired a lawyer for all the three cases and has to be paid his/her fees. 

Another way round in  maintanence cases is okay fine you pay me a perctange of the maintanence awarded towards my fees and i will harasses the respondent by dragging these cases :D

The lawyer makes his money from his client appearing for all the three cases and sometimes they also drag the case if the fees are per hearing basis in order to earn more.The longer the case run's  the more  money is earned  . Ultimately what sufficies is that when a order for maintanence is passed in one of the cases, you should take a certified copy of it and sumbit it in the other two cases . Since Multiple maintanence is not allowed and there are a lot of judgements on this . So dont worry be happy and you can have the last laugh  .

It all ends up like this read the below 

A certain private school in Washington recently was faced with a unique problem. A number of 12-year-old girls were beginning to use lipstick and would put it on in the bathroom.
That was fine, but after they put on their lipstick they would press their lips to the mirror leaving dozens of little lip prints.Every night, the maintenance man would remove them and the next day, the girls would put them back. Finally the principal decided that something had to be done. She called all the girls to the bathroom and met them there with the maintenance man. She explained that all these lip prints were causing a major problem for the custodian who had to clean the mirrors every night.To demonstrate how difficult it had been to clean the mirrors, she asked the maintenance man to show the girls how much effort was required. He took out a long-handled squeegee, dipped it in the toilet, and cleaned the mirror with it. Since then, there have been no lip prints on the mirror.


I hope you understood the moral of the story 

Tajobsindia (Senior Partner )     25 April 2013

Observation:-
1.
There is no value addition by way of master syrup I can place as reply to yet another similar query which has not already been quite well discussed in this very Forum. Your symptoms are repeated by every queriest without making an effort to read and understand past discussions.

2. First see how and when you get relief in 3:1 Transfer petition which she may have already filed / will file to get your divorce suit matter transferred to her Jurisdiction.

3. If you have already made up your mind and filed divorce then mediation is to be considered as simple marking presence or take opportunity to convert it into MCD. When you see such opportunity cometh and how to do it are all subjective and for the same there is no one master value addition as reply can be placed at this too early stage of your query.

4. I still say ‘filing multiple maintenance is rights of a metro wife’ now whether she gets it or not is based on respective pleadings and for the same no queriest has ever approach SC to get precedent made that ‘a wife should not be allowed even FILING multiple maintenance application(s)’ and every one of the queriest here is concerned about ‘their case’ instead of ‘common cause’ so until then these questions we expect on and off and reply will be more or less like these multi-para observations.

PS:-
Moral of the story re-defined also read something close to like these as told to me by a chirping bird!

A maintenance man afterall has also to get ‘his hands dirty too’ as in EQUALITY it is his dip too eraasing chintu sa (FRENCH) METRO KISSES; till divorce do us part is thus aptly vowed in Asian cultures ................


[Last reply]

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 April 2013

Dear Querist

section 24 HMA

Maintenance Pendente lite and expenses proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner' s own income and the income of the respondent, it may seem to the court to be reasonable.

She can be file both the petitions but she can get the maintenace only in one petition.


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