HMA, seeking Divorce and permanent
alimony, along with an Application for maintenance under Section 24 of
the HMA, which is marked at Exhibit ... 12-WP-19422-2024 (J).doc
Courts have consistently held that, the scope of Section 24 of the HMA is to
enable a person
after 12 years of marriage. After filing of Divorce Petition, she filed
Application for interim maintenance under Section 24 of the HMA,
1955 on 28th ... evident that, the application filed by the Petitioner under Section
Page 12 of 19
17th October 2025
Kartikeya Goti-PA.
::: Uploaded on - 17/10/2025
12 th
December 2013 between the parties stands dissolved by a decree of
divorce under Section 13(1)(ia) and (ib) of the HMA passed ... observed that
the word 'cruelty' under Section 13(1)(ia) of the HMA has got no
fixed meaning and gives a wide discretion
12 th
December 2013 between the parties stands dissolved by a decree of
divorce under Section 13(1)(ia) and (ib) of the HMA passed ... observed that
the word 'cruelty' under Section 13(1)(ia) of the HMA has got no
fixed meaning and gives a wide discretion
powers under Section 151 of the CPC. The separate
petitions pending before the Family Court under Sections 9 and 13
of the HMA between ... 12/18 903 WP.4413.2025.odt
maintenance under HMA, 1955.
On the other hand, in the petition filed by the wife under
Section
HMA. The husband contends that under
Section 18(4) of the Act, the parties would be governed
by not the SMA but the HMA which ... registered
under Section 17 of the FMA and not under HMA or any
other legislation. It must be appreciated that under
Section
specified in clauses (i), (iv) and (v) of
section 5 ."
6.2 Section 16 of the HMA is also relevant and reads as
under ... Supreme Court applied the statutory provisions under
Section 5 (i) read with Section 11 of the HMA and held that
the marriage of the deceased
wrong' within the meaning of Section 23(1)(a) of HMA. Reliance is
placed on the decision of the Supreme Court in the case ... decree
of divorce within the meaning of Section 23(1)(a) of HMA, as he
intentionally failed and neglected to pay the arrears of interim
mutual consent under
Section 13 (B) of Hindu Marriage Act. It is
clarified here that the petition under Section 13 of
HMA has already been ... time of recording the second motion statement
in petition under Section 13B of HMA.
2. That is has been agreed between the parties that
they
entitled to decree of divorce under Section 13(1)(ia) and
Section 13(1)(ib) of the HMA.
8. It has been the stand ... minor daughters, who at the
relevant time, were aged about 16 and 12 years. On account of physical
violence upon the wife as also
