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Jags (Test)     15 January 2014

Hma section 13 & hma section 24

Hi,

It has been passed 05 years for my marriage and now my wife filed a case on me under section 13 of HMA and Section 24 of HMA.

How should i go ahead on this as some of advocate are saying for ex-party but i am confused on this.... how i have to proceed.....

Please guide me on this....what are complication are there for this.....and how i have to go ahead on this as i dont want to live with her now.... but all cases are filed by her only....

waiting for your suggestions on this...

 

Regards,



Learning

 5 Replies

Biswanath Roy (Advocate)     15 January 2014

You have two options, namely :-

1.  To appear in the case filed by your wife and can act in  defense..

2  Let the case be disposed ex-party then you can prefer an appeal against the decree . 

T. Kalaiselvan, Advocate (Advocate)     15 January 2014

Why do you want to allow the case to be decided as exparte decree?, why dont you contest the same on merits?,why are hiding yourself facing the realities?, are you feeling guilty of  something?,  If your wife filed a petition for interim maintenance u/s 24 of HMA, in exparte order you will be taxed with the heavy amount she seeks as maintenance from you, what will you do then?, why are you getting misguided by your advocate?, change the advocate if you feel he is going against your wishes.  Even if you dont want to live with her, there are other ways to sort out the issue, give her a consent divorce by filing a joint petition under mutual consent.  The settlement amount can be decided in the mediation session.

Biswanath Roy (Advocate)     16 January 2014

WHERE YOU FIND SMOKE FIRE IS BEHIND IT.  THIS IS MATERIALLY TRUE  IN MATRIMONIAL AND DIVORCE CASES WHICH WE MUST CONSIDER WHILE WE GIVE OUR VALUED OPINION.

Biswanath Roy (Advocate)     17 January 2014

This is unfortunate that querists are not diligent  enough in placing their query to the experts that make us unable to opine them properly avoiding unnecessary prolixity.  Hence, I request everybody to refrain from such practice..

Adv. Chandrasekhar (Advocate)     17 January 2014

I agree with Mr. Kalaiselvan.  If you also want to have divorce decree appear in your wife's divorce case and submit your wish to get  divorce to the court. 


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