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jaig   25 January 2016

Hma-24 or pwdva - which has more chance of getting money ?

As as lawyer, which one of these two laws provides higher prospect for getting large amount of money from the husand ? Which one would you recommend to a wife who is mostly interested in monetary gain ? She is well-educated (M.B.A) with solid work experience of 17-20 Lakh salary job before marriage. Husband NRI salary approx 130K USD. No child.

My wife was initially preparing to file maintenance u/s HMA sec-24 petition, but for reason best known to her she left the idea did not file HMA-24, instead filed Domestic violence. Apparently she dropped the HMA-24 idea based on her lawyer's advice. I somehow came to know about her previous plan. I just want to understand her motive, and why she changed her plan.

Here I'm not not going into the merit of whether actual DV occurred or not. Let's say a false DV case can always be made out from nothing (or small disputes at most), which happened in my case, and I'll fight that fittingly that's not relevant to my question. Could you guide through the pros and cons of these two laws in terms of getting money, as well as forcing the husband to pay/negotiate ?

Regards.



Learning

 5 Replies

Vijay Raj Mahajan (Advocate)     25 January 2016

 

Section 24 HMA is interim monetary relief provided during the pendency of other matrimonial relief sought by either party in the matter like divorce, annulment etc., to the spouse who has no source of income or/and capability to earn livelihood for itself whereas the DV Act provide monetary relief to wife only from the husband for long time period because of her bad financial position, no source of income and to avoid destitute situation for her, if she is earning or has capability to earn this relief may not be allowed it but other relief such as right to residence from the husband, child custody and protection order preventing the husband to indulge in any act of domestic violence against her can be allowed to her provided, there was domestic violence committed by the husband, evidence of such required, the domestic violence committed within the jurisdiction of the court where the wife was residing usually in India, not that the parties had matrimonial disputes in a foreign country and wife is making DV complaint in India.

jaig   25 January 2016

Thaks Mr. Mahajan for reply.

So in HMA-24 it's just maintenance, and in DV case, the wife has an array of items that she can claim. Like housing and compensation for mental injury, apart from just maintenance. Although child custody and injunction/restraint order is not relevant to my case. However she has claimed separate accomodation and lumpsum for mental injury, and loss of income.

But I was going through some recent DV judgements in metros, I see that judges tend to include accomodation in the relief itself. Apparenty one time compensation is granted if only wife's vesion is proved/unrebutted.

Sidharth   25 January 2016

Dear jiag,

You may be right. But my experience says it all depends upon how respondent handle the case. If respondent handle cases carefully, he can get the case in his favour

T. Kalaiselvan, Advocate (Advocate)     31 January 2016

You actually wanted to know out of two laws which is more effective with regard to the maintenance claim?

Well section 24 petition cannot be filed independently without approaching court for other relief in the main petition in that.

The DV case; there is a provision for residential rights alone and not a share in the property. She can seek maintenance provided she proves that she has no income at all.  Being employed person, she cannot suppress her employment, therefore she may not be eligible for maintenance under DV act too. There is no provision for compensation for the mental and physical loss in DV act.  There is no provision for a lump um amount too.

So let she keep yelling, she may not be able to succeed in her attempt to her goal seeking wrongful gains. 

jaig   31 January 2016

Mrs Renuka, I'm not sure what you mean by loads of money to get rid of false cases ? I get the lawyers fee part. I am represented by a reputed criminal lawyer, no doubt I will have unload money, .. but nothing in to her pocket.
----------------------

Thanks to Mr. Kalaiselvan for explaining this, so HMA is filed along with divorce proceedings mostly ?

About lumpsum amount in DV, in the affidavit wife has asked for hefty compensation under section 22 of DV along with monthly sum. Collectively for marriage expenses, loss of income, and mental injury.
In few judgements I saw the judge granted small one time money.


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