Section 24 and 26 hma exparte order

In your case court has allotted multiple maintenance i.e. CrPC 125 and HMA 24 So file case to reduce maintenance and for only maintenance. Try for one time settlement and mutual divorce.

Thanks P Kumar Agarwal,

My question is previously court already passed exparte order for section Crpc 125 , 24 & 26 of HMA. Court dismissed the application.

Now can the transferred city court where divorce case is going on still issue interim maintenance and thereafter can fix any amount for child maintenance

 

No . Once the applications have been decided , the same cannot be renewed except in circumstances of change in the status /earning of the parties. The transferee court should have begun to try the case from the point where it was initially transferred frim

Thank you Augustine Chatterjee Judge said that they will not allow to proceed further if interim maintenance for child will not start. As this case is already taken 5 years so out of worry I agreed to pay the adhoc amount decided by court. What are the options available to me? Can I challenge the decision in upper court once I receive the divorce decree?

In cheif of affidavit I mentioned that all maintenance sections are dismissed but still court send me to counsellor where they are pressurizing me to give some number for the child maintenance

Correction I filed 13 section of hma and not 13b section of hma

Thank you Renuka Chaudhary What are options available to me to challenge the forced interim child maintenance in the Indian judicial system when it was already exparte or dismissed by court ??

Thank you Renuka Chaudhury.

In Court 1 section 13 - It was at stage to have cross before it gets transferred

In Court 1 section crpc 125 & section 24 & 26 HMA - It was dismissed on the merits and want of prosecution.

Wife applied for transferred petition and successful. It was done because there are full chances that section 13 will get finished earliest. Also she has NOT contested the exparte order for section crpc 125 & section 24 & 26 HMA in upper court in the stipulated timeframe because she has given false information against which we are filing 191, 192 etc. (but this is not the matter).

 

In Court 2 - I submitted chief of affidavit in which I mentioned that section crpc 125 & section 24 & 26 HMA is already dismissed. She has given application for child maintenance. But there are not change in circumstances. Now court fix ad hoc interim child maintenance. And proceeding to fix child maintenance while giving divorce decree.

 

Are there NO options available to me in Indian Judicial System to challenge the child maintenance ?

Transfer petition is only for section 13. Transfer petition is NOT for section crpc 125 & section 24 & 26 HMA.

Only section 13 case is transferred

Originally posted by : OP Pandya
	Thank you Renuka Chaudhury. In Court 1 section 13 - It was at stage to have cross before it gets transferred In Court 1 section crpc 125 & section 24 & 26 HMA - It was dismissed on the merits and want of prosecution. Wife applied for transferred petition and successful. It was done because there are full chances that section 13 will get finished earliest. Also she has NOT contested the exparte order for section crpc 125 & section 24 & 26 HMA in upper court in the stipulated timeframe because she has given false information against which we are filing 191, 192 etc. (but this is not the matter).   In Court 2 - I submitted chief of affidavit in which I mentioned that section crpc 125 & section 24 & 26 HMA is already dismissed. She has given application for child maintenance. But there are not change in circumstances. Now court fix ad hoc interim child maintenance. And proceeding to fix child maintenance while giving divorce decree.   Are there NO options available to me in Indian Judicial System to challenge the child maintenance ?

I cant use better word than arsehole for you, she has given application for child maintenance in court No. 2 and why not she will give, husband and wife both need to contribute towards wellbeing of the child and contribute towards its maintenance 50/50.

 

You have produced the child and cant you give money for your own kid?  Even though Court 1 has dismissed her maintenance application, she can ask separtely for child maintenance.  That thing your lawyer has not told you ?

 

Why are you running away from responsibility of kid which legally you cannot.

 

You tell me on what basis you want to challenge the adhoc IA that the court wants you to pay?  

Dont be an arsehole, pay for your kid, or else prove that it is not your kid and be free from paying it alimony.

Thank you Helping hand I do not want to go into detail that I am suffering from. I just want to know what are the options available to me ?? Rest leave it on me about moral n duty. I am doing enough for my child to make his future secure. Lic, monthly bank deposit, fd, child custody case, working on child welfare plan parallely. N i will fight till I get my child custody. It is only that I do not want to give her a single penny to her even in my child name. I am here to check n evaluate options available to me in Indian Judicial System