How to get a HMA 24 Order Reviewed

First of all my sympathy with you....You were needed to battle strongly and thoughtfully.

You wrote "An amount of Rs. 7500 has been given to the child based on ITR of 2008-2009 and bank statement of 2009-2010." .........(Why did you give old data? instead of current earning capacity?)

Also that "I had given my by ITR for 2009-2010 to my lawyer but he did not submitted. During those period I was in business. During those period I was in business." (Not an excuse...now unless you both come up with excellent cogent reason)

And that "I was doing job for 22,000 from may-october, then rs. 12,000 for dec-jan. now  i am unemployed as my mother is having cancer and there's no one at home to take care of her."

And that "In 2010-2011 I was doing job for 22,000 from may-october, then rs. 12,000 for dec-jan. now  i am unemployed as my mother is having cancer and there's no one at home to take care of her." (This should have been your main focus areas and stress upon!)

What happened on RCR front?...why didn't you try to expedite it....pressing rights were yours!!!

You could have afforded to continue with sec 24 even after RCR case disposed off, how did it get delayed?

Failure to pay maint may suspend your RCR proceedings and even it may get dismissed. And on top of it maint due is not avoidable.

Go through 'reviw provision' find out lacunas, errors or any other material irregularities happened in the case and file 'for stay' and 'review' in same court withing 30 calender days. else its difficult.

Maint awarded is for Child. wife has been adjudged an able bodied and having capacity to earn. So its almost a water tight case in favour of wife/child...has there been any proofs of expenditures on child by wife? why did she ask for 7500/- for child?

Is there any mention as to 'How did the Hon Court come to conclusion in regards to your earning capacity?'.

Again...................... it is discretionary conclusion ........................ and can be AT THE MAX called ( but difficult convince it now!! ) 'an erroneous application of law to facts', but not failure as to 'Question of Law'.

I had withdrew my RCR in July 2010.

Someone told me that HMA 24 cannot go for review in lower court. it has to be challenged in High Court? Advise. 

I had given all my updated income proof to my lawyer, i came to know later when I got a copy of the complete case from the court.

time to challenge the order is 30 days or 60 days?

Are you also saying that.....order vide sec 24 also made to convert "as perpetual maint order" to child vide sec 25 and se 26? (Sec 25...says......... at the time of passing the decree...But yu withdrew the RCR and there was no counterclaim by wife....so this not applicable. But Court may have ordered you to pay till the child attains mejority probably...is it so?...........

This is a rare case....and this case is such that 'It will repel husbands with kids from filing RCR cases against errant wife" ....By maintaining the separate home and without conjugal cohabitation if wife wants maint for the sake of child...she has to file app vide crpc125 or HAMA sec 18/20....and not make use of HMA provisions....Otherwise this will scare/shy the husbands from filing RCRs)

Otherwise you are required to pay from april to the date of Order, as you have withdrawn the RCR.

Also file application to reduce the maint amount owing to 'change of circumstances' in your earning capacity...........vide sec 26 (If the order says that 'keep paying until child's mejority status...otherwise just pay from Apr-2010-to-Feb-2011 and forget it!!!)

My husband filed RCR in family court. i filed the reply along with maintainence application u/s 24. later on he withdrew his petion by giving some statement and case got dismissed. i dont know what statement he or his lawyer has given, i have read just that in the final order.

can i get  the statement  copy?
no interim maintainence was fixed in that case. how can i go about it now as the lawyer says it also get over with the case?

plz guide me ....

i want to state here that i have a son with me and i m working too.

Hi..

You can ask your lawyer for the copy of the complete case file or even you can get that. just visit the ahlmad room of the judge in which the case was going....

as far as any maintenance for you is concerned... chances are not bright..you can claim maintenance for the son

Section 24 case has no independent existance. It gets over with the main case (either 9 or 13B HMA).

Praveen, you haev to challenge the order in High Court under Article 227 of Constitution of India.

MR LEGAL FIGHTER CORRECT.

YOU MAY FILE REVIEW PETITION

" should I go to high court or ask review with the same judge" - NOT THE SAME JUDGE BUT ONE STEP HIGHER. now you may ask for free legal help.

lakhs of families ruined due to matrimonial problems. now MATRIMONY IS THE OTHER NAME OF SLAVERY