Octo_08 (Graduate Trainee) 25 July 2011

Section 9 of Hindu marriage act or section 24 of Hindu marriage

Hello, I need help and suggestion for my case. This is kind of weird story of my life. Got married in Oct 2008, and became pregnant just after 3 months of marriage. couldn't bare the torture of my mother-in-law for money as we gave 2 lakh(bracelet gave by credit card) for marriage and she wanted my salary also, so my brother came and took me from there, just for that she gave police complaint under section theft and dacoit(378), police took reply from my brother and closed. Then only me and my husband stayed in a rented house for duration of one month and he did hit me badly during my 4th month pregnancy so i left immediately around 11PM in the night and went directly to hospital and made MLC(medical legal case) and then after 2 days went and gave police complaint against my husband and mother in law for domestic violence but this complaint was a miscellaneous complaint dated on 30/4/2009, as i was pregnant my family thought it may settle down after the delivery. My MIL put her criminal case to court and somehow it went to ACP and he verified the case and closed during 9th month of my pregnancy. I delivered the baby and they gave application to hospital and BBMP not to register birth of my baby not to give father name. Then by time things became smooth and somehow I went and started living in my husband's place after the 5 months to my baby. One day suddenly my MIL thrown me out of the house and told me to do a rented house for leaving and she will send my husband. I took a flat through the house loan and called him to stay with me. But my husband didn't come to my house. He met with an serious accident and broke his back bone and was bed ridden. That time he came to my house and stayed with me for 2 months still he started walking. After that he went back to his house and promised me to come at least twice in a week to my house and didn't come. Now suddenly he sent me a notice telling the kid is not his and doubt adultery and asking me to pay 25lakh to him. I replied for the notice telling all false as he stayed with me 2 months back but in his notice states tht he left him 2 years back. Now I got a summons from him, that he applied a case under section 9 of Hindu marriage act or section 24 of Hindu marriage act and states that I left him from past 2 years. He had failed a divorce case before completion of 1 year of marriage and that nullified by the court already. After struggling so much in this married life I don't want to stay with my husband any more, but I don't want to give either maintenance what he is claiming under section 24. Both of us software Engineer, but may be my salary is 10k more than his salary. And I have a baby gal and my parents who is dependent on me, my parents as moral support I need them. Can anyone please advise me what can I do in this situation. I want a divorce and I want to claim maintenance from him, but for any reason I don't want to give even a single penny from my side. My local advocate says all my previous miscellaneous complaint are old onces. I have the acknowledgement of that complaint and MLC's number, I have the bill paid(credit card) from me for the ambulance for his check up when he stayed in my house. Can anyone suggest me how can I stop this mental torture of my MIL.

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9 Replies

H. S. Thukral (Lawyer) 25 July 2011

Since he is qualified and capable of earning, rather he is earning, he is not eligible for interim maintenance for self. You can also file application under section 24 and claim interim maintenance for self and the kid.

Octo_08 (Graduate Trainee) 25 July 2011

Hello sir, Thanks for your repply. Are u sure now also i can file application under section 24?.

My doubt is as he did put the case first right. I am not aware of it please put some more light on it.

Saurabh..V (Law Consultant) 25 July 2011

@Author

What you have narrated is a tale of agony and with a simple plain-page application before the court could get your justice.

As I understand that your husband is trying to push his side of story, this is the right pedestal where you can stand and show your side of story. MLCs and police complaints that you have would be very useful and you can show to the court that how your life has been spoiled by these gold diggers.

Courts have to see that amongst the couple, who needs support and who can afford to extend support. Accordingly a maintenance decree is passed. If you can sustain on your own money then why ask from such a filthy person. But if he wants to fight, then you should demand from the court to punish him for S.498a, DV Act and then also additionally he should pay maintenance amount for you and also seperately for your child.

All the best!

//peace

/Saurabh..V

Octo_08 (Graduate Trainee) 25 July 2011

Hi Saurabh, thanks for you reply. As the way I know my husband will not stop here, if this case gets closed he will put for divorce and again claim maintenance for him. Please suggest me what can I do now. when he has put section 9 and section 24. How can I proceed from my side. Just I have to fight for that case or I can also put any petition?.

Ravinder Kumar (Account Director) 25 July 2011

@Author: First of all be strong and take care of your health.

As your husband has already filed for section 24 and Section 9, you can in your reply to his petition put your following contentions,

1. State the complete story in detail with exact dates. Do not submit any proofs at this moment. Try to stress on yhose point for which you have proofs or witnesses.

2. Legally you can ask court to stop Section 9 proceedings till Sec 24 is disposed. And stopping section 9 proceeding will help you in getting quicker judgement in Sec 24.

3. In your section 24 response you dont have to mention much about your earnings but the expenditure you have especially on your kid. You can mention few major expenses like fees, schoolbus rent, clothes, medical etc about the children. Also take one medical policy and a life insurance policy, which you can prove to court that you have taken it to secure your kids future.

4. Ask maintenance for yourself and for your kid. If you proof of his income than ask for 2/3 of his salary, although there is no formula in decieding maintenance but sometime if you give a calculation to judge and you are able to convince him, he can consider it.

I think you will get maintenance for your kid for sure and dont worry you dont have to give anything to him. Also claim for legal expenses as he dragged you to this thing. he have to pay for it too.

Best of Luck. Keep visiting LCI, you will find lot of help from here.

H. S. Thukral (Lawyer) 25 July 2011

You can proceed under section 125 Cr.PC and claim maintenance and also file complaint under DV Act. If you want divorce then strategically file a complaint under secttion 498A IPC. that will be advantageous.

Ravinder Kumar (Account Director) 25 July 2011

I side Mr. thukral suggestions, however only one advice from my side before you file 125, 498 & DV, make yourself strong and ready for long and dirty leagl fight.. Considering that you are working and have a Kid, try to settle for mutual consent Divorce.

If he does not agree for Mutual consent, than dont delay filling above mentioned cases. Take a very good lawyer who is reliable.

Octo_08 (Graduate Trainee) 26 July 2011

Thanks a lot for your valuable suggestions. After his first notice he asked me for mutual divorce and I agreed for it, he was supposed to send his conditions for that. But suddenly he changed his mind and want to trouble me, as i didn't take any serious action towards him till now. Now I don't have any hope that our married life will ever go smooth, i had agreed to take care of him also without spending any money towards me or my kid. But their main intention is to trouble me, and get money from me.

Ravinder Kumar (Account Director) 26 July 2011

Reading at your comments I think you are still not decieded on what you have to do. As I mentioned earlier you have to be very strong, patient and determined before you file any case.