Querist :
Anonymous
(Querist) 24 July 2011
This query is : Resolved
Dear sir, As my wife already receiving maintanace u/s 125 and she have also claimed maintanance u/s 24 of DV act. I m actually unemployed and wife & her advocate has been unable to prove me earning a single rupee and admitted unemployed. wife has filed divorce then 498a and then 125. there is no childeren.there is no property in my name.i m dependent on my father for the time.but i m qualified cwa. (due to some circumstances not earning a single rupee in reality) Rs 1000/-pm i have been paying.i have presented her income proof for rs 3000/pm. there is no critical ground for divorce. pls tell me can she able to receive maintanance u/s 24. thanks
jatin sharma
(Expert) 24 July 2011
hi, the maintenance should be given to wife if husband is earning as permanent or temporary.you have also not any property so you should engage a lawyer to solve your problem as per rule of law.your wife not able to receive such kind of maintenance.
M/s. Y-not legal services
(Expert) 24 July 2011
Whether you are earning or not. But as a husband its your duty to maintain your wife.
M/s. Y-not legal services
(Expert) 24 July 2011
The both maintenance is differ from each others. First one for maintain her self for her day to day needs. Second one for manager the litigation expenses. Thats called as interim maintenance.
Amit Minocha
(Expert) 25 July 2011
during the arguments in sec 24 application, intimate to the Court about maintenance already been granted , it may be taken into consideration while passing orders
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