Maintenance


Expert views required,

Grownup children (16 Female and 13 Male) with husband (aged 40 years) and supports husband and won child custody case.   

Wife walked out of matrimonial home along with her parents (5 years back) a letter issued by her father is an evident for this (letter written with other proofless allegations). Efforts taken for re-union failed. Husbands divorce case in progress on mental cruelty and dissertion of matrimonial home, wife (educated and unemployed now-- aged 44 years) at present  is supported by her father and brothers.

Wife is claiming for maintenance and huge sum. husband refuses to pay any maintenance citing future life of children on education , marriage etc.,

Kindly clarify how the law will take a view on claim of maintenace by wife in this situation what precautions husband should take ( no big property in husbands name)

 

 
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Advocate

A well qualified wife having the earning capacity but desirous of remaining idle has been deprecated by courts and not allowing any maintenance under section 24 HMA for pendente lite maintenance/alimony . Ref : Rupali Gupta vs Rajat Gupta case High Court of Delhi as well Mamta Jaiswal vs Rajesh Jaiswal, M.P. High Court.

If in the present case the wife was well educated/qualified, working lady but left the job for any reason and refuse to take up job just to get order for maintenance from the husband who has other responsibilities of the maintenance including the education of two minor children should be refused any order for maintenance with reference to above two case laws.


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Advocate

The very fact that the two children are living with the father and supporting him is very much favourable to the case of the husband. However, considering the fact that the woman is unemployed and dependent on her father, the Court may grant her a pittance.  But that too only if she has never worked.  If she was working earlier and is now sitting idle then she will not be granted maintenance.  

 
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Matter in court.  Best to leave it to court discretoin.

 
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Dear experts 

In continuation of the above,  I would like to inform that wife has filed maintenance u/s 24 of HMA,  On the same hearing i have also filed a petition u/s 24 of HMA,  I have  cited in my  petition that

1)while wife when previously applied for child custody under guardians act has stated that she is well educated and working as a teacher and capable of bringing up the children with motherly care and gets support from brothers  and parents .   However she did not get custody when children were examined.
2) I have made a statement of income and expenses (from my salary declared in IT return) of my family with two minor children and aged parents that i am falling short of Rs.40,000 per month and the same is being bridged by way of hand loans from near and dear ones.

3) wife has previously written letter to me that for maintaining three persons ( wife and 2 minor children) around  Rs. 85,000 is required on a monthly basis she wrote this letter even when the children were not in her possession but to threaten me.  citing this letter i have supported my petition that i  am spending on both minor children and hence wife have to compensate me with 50% of my expense on minor children.

considering all these points whether court will order for an interim maintenance from wife to husband.

Please advice whether the above points are valid in the eyes of court while review of both of our maintenance petitions u/s 24 of HMA act.

what precautions i need to take to safeguard my case further.

Please  advice

 
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