Procedure followed for hma24

@Author

See my reply below:

- What is the procedure followed in sec 24 suits after receiving a copy of the application filed by wife.

The procedure is just like any other court case. Hearings would include statement of the complainant and others those who support her. Similarly your statement and those who support you. After hearing both parties, the court will decide of the question of maintenance.

- Is there any witness/evidence to be done, or will the application be decided only on the application of the wife & my reply.

As explained above, both parties shall have opportunity to be heard. You can bring your witnesses and evidences if you prefer.

In such cases, generally wives seek huge sum of money. Let me explain: I hope you must have visited local market where vendors demands Rs. 500/- for a small thing. Then after negotiation you both agree at Rs.100/-. But imagine a situation where the vendor demands Rs.100/-. Would you still pay Rs.100/-? Answer is NO. So, maintenance cases are similar. So nothing to be worried about.

Please note, in case of maintenance, earning capacity of both spouses is considered by the court. For example, if the husband is earning Rs.100 but has a liability of Rs.50 against household and misc., then wife shall be entitled to claim about Rs.30-40, depending on situation.

But, if the wife is earning and is able to maintain herself, then maintenance is not required to be shelled-out by the husband.

All the best!

//peace

/Saurabh..V

The above reply is as per laws prevalent in India.

I strongly feel that courts should consider the cases of maintenance depending on the guilt of the spouses and try to find who is at fault for the breakdown of marriage. Once it is found, then maintenance should be decided as a deterrent punishment against the erring spouse. Such approach would not only delivery true justice but also deter other mischeivous and malicious complainants to file false claims.

//peace

/Saurabh..V

But How court can determine WHO IS AT FAULT WHILE AT THE INITAIL STAGE OF TRIAL read Sec 24 application of HMA. If fault is decided so easily & so early, decision of RCR or Divorce case is next door out.

Moot point is COURT IS SELF CONTRADICTING HERSELF WHILE THAEY TAKE THE PRAYER OF LAWYER'S FEE IN SEC 24 to the least. When all females are open to get free legal aid as their legal right due to their gender only, this very prayer shud nt stand at all in Sec 24 application

@rajiv,

I'm unable to understand your point. Can you please elaborate?

//peace

/Saurabh..V

Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving legal services to the eligible persons. Section 12 of the Act reads as under:- "12.Every person who has to file or defend a case shall be entitled to legal services under  this Act if that person is –
(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;
(c) a woman or a child;
(d) a mentally ill or otherwise disabled person;
(e) a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) an industrial workman; or
(g) in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); or in a juvenile home within the meaning of clause
(j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987 (14 of 1987); or
(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Govt., if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Govt., if the case is before the Supreme Court."
(Rules have already been amended to enhance this income ceiling).
According to section 2(1) (a) of the Act, legal aid can be provided to a person for a 'case' which includes a suit or any proceeding before a court. Section 2(1) (aaa) defines the 'court' as a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions. As per section 2(1)(c) 'legal service' includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.

Legal Services Authorities after examining the eligibility criteria of an applicant and the existence of a prima facie case in his favour provide him counsel at State expense, pay the required Court Fee in the matter and bear all incidental expenses in connection with the case. The person to whom legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority.

A nationwide network has been envisaged under the Act for providing legal aid and assistance. National Legal Services Authority is the apex body constituted to lay down policies and principles for making legal services available under the provisions of the Act and to frame most effective and economical schemes for legal services. It also disburses funds and grants to State Legal Services Authorities and NGOs for implementing legal aid schemes and programmes.

In every State a State Legal Services Authority is constituted to give effect to the policies and directions of the Central Authority (NALSA) and to give legal services to the people and conduct Lok Adalats in the State. State Legal Services Authority is headed by the Chief Justice of the State High Court who is its Patron-in-Chief. A serving or retired Judge of the High Court is nominated as its Executive Chairman.

what is your sallary/education on record? what is her?? child any??if you have evidence of her income and income is enough , then no maintainance.in sec 24 both (husband or wife can demand maintainance from other.regards

app. u/s 24 decided upon the affidavits filed by the parties and the pleadings.

nothing else.

its just for interium maint. till the disposal of the HMP.

@ rajiv_lodha, 

mera color kyon churaya ?

doosra koi le lo na ...

itte sare hai ...

guilt of the spouses

its a matter of trial & not relevant in sec. 24

sec. 24 = cost of proceedings + int. maint.

(ONLY till the disposal of the main petition).

You are required to file your reply giving all the details of her income from all sources and documentary evidence for the income of both of you, after arguments the application shall be decided in favour of WIFE for her maintenance during the pendency  of the divorce petition.

"after arguments the application shall be decided in favour of WIFE for her maintenance during the pendency  of the divorce petition."

It is not so, Sec24 application is decided on merits & in more than enough cases, its decided in favor of men too.

application u/s 24 as well as 25 can be filed by both, husband & wife

but the judiciary is inclined towards grant of money to wife from husband

however, depending on the merits, husband can also claim and get maint. from his wife..

Claiming money from wife is different thing, BUT BLOCKING MONEY FROM U TO HER IS DIFFERENT.

I am talking about contesting the Sec 24 case put by the wife upon husband. There are various grounds on which courts have regularly dismissed wife's Sec 24 applications, its not so that member VASHISTA has written that 'it wil be decided in favor of wife'.

It may be dismissed on merits too