once husband withdraw divorce petition , what to do with hma 24 ?

971 votes

Since the main petition has already been withdrawn, the application filed under section 24 cannot be pursued. Therefore, you cannot claim the litigation expenses and travelling expenses. This could have been granted only during the pendency of the petition.

Advocate Madhuri Bakshi LawRato

988 votes

(1) If any person having sufficient means neglects or refuses to maintain--
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate 1* * * as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:

Advocate Sunil Nandal LawRato

719 votes

Yes because the 24 hma is exist until the 13 hma case exist, you need to file a case under 125crpc for claim maintenence, you can get maintenence in it, or you can also file divorce case if u want to get rid of that relation.

Advocate AK Rohilla LawRato