help in 24 HMA

This query is : Resolved 

15 February 2010


I am having a matrinonial dispute with my wife. As divorce case under process, she filed an application under 24 HMA ……

Under reply I have written that I am working as a salesman with a private small factory and earning Rs. 4000/- p.m.(affidavit given).

My wife has given a written complaint (attessted complaint copy received) against my employer in SALES Tax & INCOME Tax DEPARTMENT. Now my employer is in fear.

Now the case is adjourned on 19-02-10 and put on for ORDERS.

To counter Please answer these questions…,

1. Can I give a application to court before the date of ORDERS, that I have been thrown out of job by my employer because she has given several complaint against him.
2. Will the court consider this.
3. It might possible that the court ask the question why are you telling this today, if you have been thrown out of job 2 months before.

Basically, what I want is to file a affidavit in court that due to my wife’s regular complaint in several departments against my employer, my employer thrown me out of job and NOW I AM JOBLESS AND UNABLE TO PAY MAINTENANCE.

B K Raghavendra RaoOnline (Expert)
15 February 2010

What is the nexus between your wife's maintenance claim and your employer's income tax and sales tax transactions?
You may file a memo before the family court narrating the circumstances to which your wife has put you into. But, the court would not immediately believe it.

Why is she doing that? Even if she gives complaint, would the departments concerned immediately act against your employer without looking into the veracity of the complaint and procedural aspects.

Would a wife put herself to jeopardy by causing unemployment to husband under divorce who would then not be able to pay her maintenance amount?

All these questions would be considered by the court.

However, you are at liberty to bring the facts before the court which may have some effect on the quantum of maintenance but definitely you are liable to pay maintenance.

Parveen Kr. Aggarwal (Expert)
15 February 2010

The factum of termination of your services is a relevant and material fact for the court while deciding application under section 24 of the Hindu Marriage Act, 1955. You must submit an application, supported by an affidavit, before the Court bringing all the facts to the notice of the Court. It will definitely help you. Although you should have made such application earlier but 'better late than never'.

Binod Kumar Mishra (Expert)
16 February 2010

yes i agree with the views of praveen.

Vishal jain (Querist)
16 February 2010

Hello Mr. Rao

The action has been taken by the department(s) already, for which I have received the certified copy of complaint under RTI act. I have also taken the action taken report under RTI act from various department.

She wants to show that I have given a false job certificate from a fake employer.

By giving these types of complaints and to put pressure on my employer, so that the employer give the statement that This boy is not working with me

Prof. Dr. Amaresh Kumar (Expert)
16 February 2010

Consult a good lawyer in the matter. Else live with your wife happilly. How old is your marriage. Ask the court to restore your conjugal rights.

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