pankajk (business) 28 November 2014

Maintenance query

Hello Experts,

Need some advice on a friend's situation.

Husband filed RCR, won the case. Wife didnt join. Husband filed divorce after wating for wife to return. Wife applied for maaintence under hma 24. Court granted int. maintence for her and kid. As it is wife who has deserted husband court should have taken consideration on this, instead they ordered IM. Wife is qualified engineer and was working earlier part time before marriage. Now not working intentionally and staying at parents home.Husband has appealed in high court on the maintenance issue as wife has deserted, qualified and not returning to husband. Wife is already seperate from husband since more than last 3 yrs.

Are there other grounds or judgements which can help in proceeding at HC? Or any other way to get the case strong.

Reply Follow

2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 29 November 2014

A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente life alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversory by implementing the provisions of law suitable to their purpose.

1 Like

T. Kalaiselvan, Advocate (Advocate) 02 December 2014

The fact that the wife has deserted the matrimonial house on her own and also she is capable of earning but is not doing so, can be argued under the maintenance case filed under section 125cr.p.c., in an application u/s 24of HMA, the fact that both are living separately and she is not employed are sufficient for the presiding officer to decide about the interim maintenance in favor of the petitioner.

1 Like