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HMA24 - Lady's interim maintenance application dismissed 
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Joined: Mon Aug 24, 2009 6:38 am
Posts: 31
All,

Very small success in my fight.

Case:
- I had filed RCR in Oct' 2009.
- Lady had filed an application for interim maintenance u/s HMA24 in Feb stating no income.
- Gave details of her employment including database entry from her company, bank statement, her previous years Form-16 and Tax returns.
- During first day of arguments, lady's lawyer from family Court tried various things like was not working when application filed, temporary job etc. etc, but the judge clearly said that they had suppressed material facts about employment and hence would not get maintenance.
- The judge then tried to mediate to see if I was ready to give divorce as per lady's wish. I said I could discuss without any money, just returning the jewellery that I had purchased and which is still with me. Lady was not ready for this.
- 2 days' time was given. Today, lady did not appear in the Court, had a new lawyer (who also practices in Sessions Court :). The lawyer initially filed an application that more time be given to discuss compromise formula for settlement. I filed my reply stating that I was not approached for any settlement and hence judgement on interim maintenance be passed.
- DUring arguments today, the judge told opposite party lawyer that he's just delaying the matter by filing such applications and he was going to pass the judgement.
- The opposite party lawyer then said he will take back the application for interim maintenance. Judge agreed and dismissed the interim maintenance application, NO INTERIM MAINTENANCE GRANTED.

--
Things I missed:
---------------
- I did not check if the lady had filed an affidavit with the interim maintenance application, and assumed she did not. I missed preparing for filing for perjury due to this. I think I will get an opportunity for filing perjury very soon. Lady is expected to file W.S on next date.
- Since the lady has changed the lawyer who practices in Sessions Court, I am expecting DV at the least, and may be 498a.

Question:
--------
Can perjury be filed against an affidavit of an application which has been dismissed? My lawyer said, we will keep the perjury application ready for next date.

Any suggestions on precautions to be taken for DV? I am sending a letter to Commissioner of Police and the Police Station under lady's jurisdriction with MHA Advisory on investigation before arrests in 498a, copy of my RCR application stating the period of separation and threats from lady for filing false cases.


Fri Apr 30, 2010 1:29 pm
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Joined: Fri Jun 19, 2009 9:00 am
Posts: 607
yes you can file

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Regards
Rajeev
"I am thankful to all those who said NO, Its bcoz of them I did it myself" - Einstein


Fri Apr 30, 2010 2:29 pm
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