MyNation Foundation Forum » Advice » Maintenance

Section 9 / 24 / 125

(8 posts)
  • Started 5 years ago by id4mynation
  • Latest reply from Dr.Dsouza
  1. id4mynation
    Member

    Can a wife claim maintenance under section 24 (in reply of section 9) in following circumstances?:
    1. she has denied to come back in reply of section 9 (still running) that husband has filed (by giving whatsoever false reasons/allegations)
    2. she has already filed section 125 and that case is still running (since 4+ years)
    3. There is no divorce case filed yet

    Can she deny to come back (and request for cancelling the case) in section 9 based on false allegations like dowry demand, life security etc.?
    It seems that the false allegations may serve as a base for future 498?...(possiblity...??!!) What are your suggestions in how can one avoid that?

    Thanks in advance.

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    yes she cannt ask twice, you can ask to dismiss her claim of maintenance showing her 125

    you can use this judgment [ http://mynation.net/docs/982-2010/ ] refused to come back; so no maintenance and false allegation(your have to prove)

    Posted 5 years ago #
  3. id4mynation
    Member

    Thank you very much. You have always been of great help to needy people.

    So, she can not ask for section 24 even if that is part of her reply of section 9, right? and her sec 125 can be shown to dismiss her sec 24. This is applicable also if 125 is still running in high court and she applied for 24 in lower court where section 9 is running?

    About false allegations, how can one prove that he or his family has not demanded for dowry? how can they prove that what she is talking of i.e. 'life security' is not applicable to her (but that is more applicable to him and his family in the case when she already said that she will torture them using false cases in future)?

    PS. We already have evidences of she lied in her 125 (contempt of court).

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    There are judgments in http://mynation.net/docs/sitemap section where it says
    she cannt ask multiple times
    if she is hiding in her second application you can use it as she is hiding thr truth and misusing the law.

    telling lies is not contempt of court but not abeying court order. you can term it as a perjury. or use other crpc/ipc as misleading or hiding for make it more effective.

    women always says you demanded, when matter comes to argument, its your lawyer duty to bring out the truth with twisted questions, till then she knows for decades that time will not come.

    you you did`t demanded or took but they gave then you can file a petition in same court asking judge or remind him about DP3 - Dowry giver guilty too. and show him some judgments on that

    Posted 5 years ago #
  5. id4mynation
    Member

    Section 9:
    Wife denies to come back with following excuses (false allegations; no significant proofs):
    a) husband having live in relationship with a girl
    b) in-laws asking for dowry
    c) her/child life security

    Section 24:
    Wife asking for huge money with below reasons:
    a) she claims that she has left the job for child care (child is in schooling) which she was dong for years and years till now
    b) HC judgements reflecting that sec 24 can not be cancelled even if 125 is going on
    c) claiming to have husband's house which he sold (transferred) to father while sec 125 was going on without taking a penny as all money in home loan was paid by father only

    What are your suggestions for husband who initially filed section 9?

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    ask her to produce valid proofs, not sob stories. or give her statement in writting so you can use false allegation in Divorce.

    see these judgments
    http://mynation.net/docs/28-1994/
    http://mynation.net/docs/76-2008/
    http://mynation.net/docs/m-204-1998/
    http://mynation.net/docs/2224-1970/

    Posted 5 years ago #
  7. id4mynation
    Member

    Thanks for your response.

    What are the proofs that can be demanded from her for validity? She has already stated all these in writing.

    Is there a way to turn section 9 into divorce case when it seems that there is no meaning of section 9 now? what can be a section 9 judgement in that case?

    Section 24:
    For point (a) above, she has produced a e-resignation (from company internal website) with last date after next two-three months, the reason of resignation being child-care. She is highly educated and was doing job since many years, started when child was of few months.

    For point (b) above, are there any HC/SC judgments that state about section 9 and section 24?

    For point (c) above, she has produced house selling papers in which below facts have been mentioned:
    'The ownership was initially on husband and his father's name due to loan started on both names (first document with required stamp duty). Then ownership was transferred to his 'father only' after father has paid/completed all loan amount (about 90-95%); and husband has agreed in that by taking no money since all loan amount was paid by his father (second document with required stamp duty). This papers are of the time when 125 was running. Can she claim for something in this case?

    Posted 5 years ago #
  8. Dr.Dsouza
    Member

    very simple
    husband having live in relationship with a girl

    Posted 5 years ago #

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