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How can I defend against section 24 of Hindu marriage act


01-Aug-2023 (In Divorce Law)
I am Hindu.My marriage was solemenized on 4th Feb 2013.after one week of marriage that is on 12th Feb 2013 my wife went to her father's house and didn't come till aprl 2016.then I filed section 9 on 30th may 2016.after due service of notice she appeared after very long time that is on 10th aprl 2018 and in written statement she says that she is ready to live with me.but during this period that is may 2016 to aprl 2018 she filed 498a and dp act against my whole family on 29th jan 2017 and my father in law used to come in my house to threaten me & my family for withdrawal of case.now i filed divorce on the grounds of desertion & mental cruelty on the same date that is 10th aprl 2018.now she filed section 24 on 31st July 2018 in which she demanding 20000 per month & litigation cost 25000.I am unemployed person and I have no personal property.I am fully dependants on my guardian.she claimed on my father's property & pension.now what can I do in this situation plz tell me
Answers (4)

Answer #1
741 votes
Dear client,
You have made mistakes contesting case since bignning. Now u must have hired a lawyer , what he says in ur case. However, in ur present case you will have to fight against Alimony and legal expense. U can contest bcz u r unemployed and no property of ur own, however liability is ur, as of record cases court may fix some amount.
If she is in job and if she has any child ?, Which u hav not mentioned. If no issue good for you , if she is in job then she can not claim such amount. For more you may contact to me .

Answer #2
516 votes
Your wife cannot claim maintenance from your father's pension but she is entitled from your ancestral property. You can not avoid it. If she is earning on herself, you can take this plea for your defence.
Answer #3
845 votes
Your query is very much confussioning. It is worthy as also advisable for face to face discussion. Therefore, contact a good lawyer, dit with him,apprise him about all facts, documents and act accordingly as per his advice.
Answer #4
873 votes
Why u had filed divorce case while u had earlier filed to the conjugal right u.s.9.itr nt fair.now already u have filed divorce and opp.party has been also filed u.s.24 in that condition u should pay her maintenance as per as economical status..u should file withdraal petition for the divorce case and focus on conjuagl ryt than 24 of hm ct may be stopped.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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