Sony Singh (Social) 18 February 2011

Re-claim of maintenance u/s 24

Petitioner wife filed application u/s 24 for maintenance. The minor daughter (aged 5 years) is under her custody. On date she gave statement that she dont claim maintenance (as husband gave away proof of her service and salary) and seeks litigation expenses only worth rs 18000/-. Order was passed to pay her rs. 2000/- as litigation expenses only as she dont claim mantenance.
** Can she cliam maintenance for HERSELF again in future ?
** If yes under what circumstances and under which rule / act ??

The application u/s 125 crpc is also pending in the court.

Regards

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2 Replies

Tajobsindia (Senior Partner ) 18 February 2011

@ Author

1. She is a smart lady.

2. Criminal Maint. award even if ‘voluntarily forgone by a statement” can always be re-opened whereas civil maint. claims if ‘voluntarily forgone by a statement’ can not be reopened is Hon'bel SC views on subject topic !

3. Yes, she can always claim Crl. maint. U/s 125 CrPC Further, she can always claim civil maint U/s 24 HMA and still further she can always have option to claim Maint. even under DV Act ! If all these are not enough then she can still rests her claim U/s 18, 20 HAMA in Family Court as stand alone application for maint. either and or for both. So what is left now...........nothing just defend the claims.........

4. Court (a Civil U/s 24 HMA) has granted what she prayed and I don’t see as in reading your so far brief post that the Civil Court erred in its approach.

Tajobsindia (Senior Partner ) 18 February 2011

@ Author

Sorry should have mentioned in same post;

Cirumstances are;

1. Gender Biased welfare policy as that of legislative intent to make a Law retrospective and or as prospective as in a present and any future Act and or a Code (re. to maint. I am pointing out today)

2. Any change of circumstances

3. Higher education needs of her read with child

4. Medical needs of her read with child

5. Marriage needs of a female child

6. Job needs of a child as child is un-employed.

7. Her mother falling ill means this husband’s MIL falling ill.

8. Change in Price Index

9. Inflation mind it both are differently viewed by Court(s) J

10. Due to sudden fate the Husband’s status is now equal to Ambani’s (no direct re. intended though least he sues me now that this published)

11. Residence needs of wife (a ex. or present)

12. Opportunity Cost (though I admit I missed that as in that one final discussion on this too dear a subject topic with @ RG; a lady member here in LCI)

Rest addendum in above paras as an when we discover we will update this post in public forum for larger public interest in mind; meanwhile readers may add their wisdom on asked que. if any !

BTW que. was good……