How the new amendments affect the maintenance claim of wife?
Naresh
(Querist) 08 April 2012
This query is : Resolved
Dear Experts,
In Feb'12, family court dismissed maintenance petition filed u/s 18 HAMA by wife on desertion (of wife) ground that is before the new (property) amendments came into force.
Now my question is
(1) Is the new amendments concern to mutual consent divorce only or can it be applicable to contested divorce only?
(2) If it is applicable to contested divorce also, in my above situation, when maintenance u/s 18 HAMA is dismissed, is there any chance that she will be eligible to file for any maintenance/property under new amendments or sections?
Thank you sir,
Regards
Naresh
Shonee Kapoor
(Expert) 08 April 2012
1. The new amendments are as yet the proposed amendments.
2. Unless the new amendments are notified nothing can be said about how it would impact the maintenance etc.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 08 April 2012
not yet published so no GR, not applicable at present
ajay sethi
(Expert) 08 April 2012
it has to be passed by Parliament first
Santosh Goswami,Advocate
(Expert) 09 April 2012
Right now, your wife is entitled to maintenance only and wife can ask for it in any kind of divorce.
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