Maintenance act
Wakle
(Querist) 25 February 2019
This query is : Resolved
Hi, I give maintenance as per dv act to my wife 12000pm and 6000pm for rent. My wife file now divorce case under cruality. In divorce case she demand 50 lacks one time maintenance and abt 7 lacks shridhan amount. Yes I also like to give divorce but I had no money. I don't want mutual divorce. My question is 1) my wife get maintenance in dv act , she again able to ask maintenance in HMA divorce act? (2) if she get divorce then dv maintenance will be continue or not? (3) if divorce under cruality is passed then she able to ask one time permenant maintenance 50 lac without my permission in the court? If i say no to one time permanent maintenance then wat court will decide? 4)) I give her maintenance in dv act then court will be able to give again maintenance in divorce case.?
Vijay Raj Mahajan
(Expert) 25 February 2019
Wife can claim through any number of applications maintenance from the husband but will be allowed only one maintenance, whichever is highest in amount allowed by the court.
As far as your wife claim of one time permanent alimony and maintenance in divorce proceedings is concerned that she can ask but you have to defend it.
Why you allow her to get divorce on ground of creulty and not go in for divorce by mutual consent?
Let a one-time settlement of all disputes be done, including the one time both sides agreed amount for alimony and maintenance and divorce, no more cases or claims.
Dr J C Vashista
(Expert) 28 February 2019
Settle the issue of " maintenance" once for all i.e., full and final in divorce proceeding.
Consult your lawyer for further/ proper guidance and proceeding.
Wakle
(Querist) 28 February 2019
Hello sir I don't want settlement by mutual becoz she ask me 50 lacks for divorce by mutual consent.i don't have money but able to give her 2.15 lacks per month. Wat to do now?
