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False DV Fighter (new member)     08 October 2015

Hma 24 passed without considering evidences on record

Hello Seniors 

I need your guidance on HMA Case. 

Yesterday Order has passed under HMA 24, where its ordered to pay maintenance to wife and child. 

However, judge have ignored the evidence I have provided 

evidence on record relates to Domestic Violence case which she filed earlier:

 (1) JMFC court judgement in Domestic violence case - where court ordered to pay maintenance  to wife and child both (although judgement mentions that all allegations are proved to be wrong)

 (2) District court and (3) High court Appeal judgement - where its prove that no domestic violence have done so her maintenance  was rejected and only child's maintenance is kept. I am paying this child maintenance every month regularly. 

so what are my options?

She stays near to the court (hardly 10 km) so its easier for her and I stay in different state so i have to waste 3 days for each court dates. 
 


Learning

 1 Replies

prabhakar advocate (advocate)     09 October 2015

If wife is unemployed, then there is little scope for you to succeed in appeal.  Maintenance in DV case was refused on technical ground that there was no domestic violence happened against her.  Such ground is not available in S.24 application.


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