Maintainance in divorce. rti rules

Hello!

I am Asking this on behalf of my friend. Who is not living with her husband from last one year. Because of some personal problems. He cheated on her and torchered her a lot. and they want divorce. But her husband is not ready to give the maintainance. Because he is not earning. Even he is asking for maitainance from her. My friend is doing job in a family school. And her daughter is studying there. Now her husband claimed to know about her working duration and earning and fee structure of her daughter under Right to information act.. Because he is saying that. she is capable to survive as she earns.

Is it right to ask all this under law?

If he refuse to give maintainance , what can she do for her rights?

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2 Replies

Adv k . mahesh (advocate) 24 May 2014

yes your friend is already working and she is not eligible to claim maintenance but for her kid she can claim maintenance and

as you said her husband is not working and even he can claim maintenance from her wife and she has to defend by saying that she is taking care of child and her well being

stanley (Freedom) 24 May 2014

Its seems you are in love with your friend :-)

Normally when there is a strain or seperation between a husband and wife a third partys attachment or third person falls in love or comes into the picture . this i conclude from my experience .

Now read the act and yes a husband can claim maintanence .

Section 24 in The Hindu Marriage Act, 1955

24 Maintenance pendente lite and expenses of proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:⁵⁴ [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]

As for the child maintenance is co-extinsive and hence both have to provide for the child .