Maintainenence from wife u/s24
vijay
(Querist) 14 March 2013
This query is : Resolved
Can i take maintainence from my wife. My wife is working with Doordarshan and was getting Rs. 21000/- p.m and now her salary has doubled and she is getting Rs. 42000/- p.m from this month. I was working in my parents company. I am the only son of my parents. My parents has debarred me by giving newspaper advertisment from all the relations due to bad conduct of my wife. i was living seperately with my wife in my parents another flat. Last year i have filed ITR of Rs. 2 lacs. So far i have not filed any matrimonial case aganist my wife. Now i am working in a private company getting only Rs. 8,500/-. I have done Mba from distant education. Kindly guide me can i take maintainence from my wife. She filed some false cases on me as well she is trying to entangle me and my parents in 498A/406. Kindly guide me
Advocate M.Bhadra
(Expert) 14 March 2013
The Hindu Marriage Act,1955
SEC.24. Maintenance pen dente 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:
1[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.]
vijay
(Querist) 14 March 2013
i know the act. kindly suggest me that in my case, will i get maintainence from my wife or not.
Raj Kumar Makkad
(Expert) 14 March 2013
You can very well get the maintenance from your wife in the given facts as she is getting Rs. 42,000/- per month with no liability compared to your Rs. 8500/- per moth with liability of course fee so you can very well get as desired.
Advocate M.Bhadra
(Expert) 14 March 2013
ORIGIAL ANSWER GIVEN BY ROSHMI B AT LAWYERSCLUBINDIA(one year ago)
The Delhi High Court today upheld a lower court order directing a wealthy woman to pay monthly maintenance of Rs 20,000 to her estranged and unemployed husband.
The woman runs a business with an annual turnover of about Rs one crore.
Justice G S Sistani upheld the trial court order that had awarded maintenance to Rajeev (name changed) two years ago.
'He should also enjoy the same status as his wife,' Justice Sistani said. 'Law is equal for both of them. When husband is unemployed then the wife, who is working, should maintain him,' said the court.
The couple have a son and a daughter aged 26 and 24 years respectively.
Rajeev argued that his wife Priya and children threw him out of their home in 2006 accusing him of having an affair with another woman.
The court considered Priya's flourishing business of a hotel cum paying guest in Greater Noida while fixing the maintenance.
Rajeev had purchased the hotel in his wife's name.
Rajeev had filed for divorce in 2008 in the trial court on the grounds of desertion. He later filed a maintenance plea under section 24 of the Hindu Marriage Act.
Raj Kumar Makkad
(Expert) 14 March 2013
This news item is also of worth mentioning:
http://ibnlive.in.com/generalnewsfeed/news/hc-asks-woman-to-pay-maintenance-give-car-to-hubby/632159.html
PTI | 10:03 PM,Mar 31,2011
New Delhi, Mar 31 (PTI) A financially well-off woman has been ordered by the Delhi High Court to pay Rs 20,000 as monthly maintenance to her 55-year-old husband facing penury. Upholding a lower court”s order to the wife to pay maintenance to her husband under section 125 of the Criminal Procedure Code, Justice G S Sistani also told the woman to part with one of her four cars for the use by her husband. The high court came to the aid of the east Delhi resident, dismissing his wife”s appeal against Karkardooma district court”s order for sustenance allowance to the man. Justice Sistani insisted on the woman, to pay a “respectable” maintenance to her husband, relying upon her Income Tax returns for several years showing that her annual income touched over Rs one crore from the lucrative business of running a hostel for students in Greater Noida. Justice Sistani ordered payment of maintenance to the man accepting his counsel Bhupendra Pratap Singh”s argument that it was he who had set up the hostel for students in 2002 and made his wife its proprietor but she and their two children had thrown him out of the house and even grabbed his business. Thrown out of the house, the man had first moved the lower court for divorce. During the adjudication of his divorce plea, he had also made a plea for maintenance from his wife, following which the court had awarded him Rs 20,000 as sustenance allowance.
prabhakar singh
(Expert) 14 March 2013
You knew the Act and now get a judgement too .Go ahead now.
vijay
(Querist) 14 March 2013
I am the only son of my parents. my parents has debarred me from all relations due to bad conduct of my wife by giving ad in the newspaper.i was working in my parents company and used to get Rs. 18000/- p.m. My last ITR was of Rs. 2 lac approx. Now if i show that my parents have thrown me out of the job from the last two months and i am jobless. My education qualification is M.B.A. HOW MUCH MAINTAINENCE CAN I GET FROM MY WIFE. She is working in doordarshan and getting rs 42000/- salary.
ajay sethi
(Expert) 14 March 2013
you are earning decent slary of rs 18,000 per month . do you have any kids from marriage ? doubtful whether you will get maintenance . at most you will get RS 5,000 per month
Raj Kumar Makkad
(Expert) 15 March 2013
You are jobless now so you can expect more than Rs. 5,000/- per month as opined by Ajay.
vijay
(Querist) 15 March 2013
i was in job in my parents company. now they have thrown me out of the job as well as relations by giving ad in the newspaper. Now i m working in some private company for the last one month and getting only Rs. 8500/- and my wife is getting Rs. 42000. We dont have any kid. kindly guide
Nadeem Qureshi
(Expert) 16 March 2013
Dear Vijay
Nothing left to add, agree with experts
Raj Kumar Makkad
(Expert) 18 March 2013
Though court has to decide the cases on the bases of the facts already brought on file by parties concerned but the subsequent fact of your becoming jobless after filing of the present petition can also be taken into consideration if you amend you reply after obtaining the due permission from the court. Consult this aspect with your lawyer.
