Interim maintenance u/s 24 of hma
A Kameswara Rao
(Querist) 22 December 2014
This query is : Resolved
Dear experts,
I filed for interim maintenance u/s 24 of HMA after conciliation efforts failed. Family court gave us 3 months time to file counters. Kindly clarify:-
1. Whether the Family court can proceed with the trial without granting me interim maintenance, if my husband refuses to pay maintenance saying that he lost his job.
2. If he resigns for the job and joins a new company with out disclosing his present employment and income.
3. How can I prove his present employment and his income.
Kamakshi
Devajyoti Barman
(Expert) 23 December 2014
1. No, first petition u/s 24 HMO will be disposed of.
2.The court will consider his past income to determine present income.
3.No need.
A Kameswara Rao
(Querist) 23 December 2014
Dear Barmanji,
Thank you Sir for your prompt reply. What will be the case if he says that he is un- employed and could not pay and requests the judge to proceed with the trial. Will the judge accept his request. What is the remedy available to me, if he does not pay the interim maintenance or pays small amounts slowly, till the case is disposed off. Looking forward for your reply. Thanks and regards, Ms. Kamakshi
Devajyoti Barman
(Expert) 23 December 2014
Unemployment is no excuse to avoid maintenance. If husband refuses to pay the awarded maintenance money, you can file execution case where the husband can be put behind bars to recover the arrears amount.
ajay sethi
(Expert) 23 December 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 23 December 2014
Well advised, agree with the expert Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
Agreed with the expert Mr.Barman's opinions. The court will dispose the interim maintenance petition first and then only it will proceed with the trial of the main case.
