Maintenance reverse

Neeraj Jha (Querist) 06 April 2016 This query is : Resolved
Dear experts,

I have a order copy of HC (already settled) in which HC denied the maintenance to my wife because she is working lady but HC charged over me some monthly payment for my child (custody with wife)

My lawyer submitted in HC that I am working in Private MNC but now I lost my job and nothing doing now and one more maintenance case is pending in DV case and I replied in DV case already.

Now arguments going to held on maintenance so how can I seek the maintenance from my wife so that court order my wife to give maintenance to me instead of getting money from me for child.

Thnx

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Devajyoti Barman (Expert) 06 April 2016
In DV case you can not seek maintenance from your wife. Only in a proceeding u/s 24 of Hindu Marriage Act a husband can seek maintenance from wife.

Neeraj Jha (Querist) 06 April 2016
Thanks Devajyoti ji,

I replied the maintenance case but I did not submitted that I am working nor submitted I am not working and after submission I lost my job so can I apply a fresh application for maintenance u/s HMA 24 before arguments??

Thanks

Rajendra K Goyal (Expert) 06 April 2016
Paying maintenance to your child as per court order is your liability, you can not escape payment till orders are amended..

Neeraj Jha (Querist) 07 April 2016
Sir,

I filed case of Divorce in which u/s 24 HMA court ordered to pay maintenance for my wife and child but I appeal in HC and HC court denied the maintenance to my wife but grant some payment for my child. Then after I withdrawal that case and given the pending payment to my wife for child and that case was closed fully.

Now in DV case my wife seeking maintenance and my situation is mentioned above so HC order is just reference here in DV case.

Please suggest

Thanks