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Maintaince under section 24

(Querist) 13 February 2016 This query is : Resolved 
Hello All,
i am a 40 yr old male, i was married 15 years ago. one year back i filed for divorce on the ground on mental cruelty. my file filed DV act, 125, 24, 26 and other cases. she got immediate maintenance of 35000 pm under DV act. later on she got increased maintenance 50,000 pm in 24 case. i have two kids, those are staying with mother. i run my business and earn around 1, 25, 000 pm. My mother recently expired and now me and my father are living together. My wife is not working.
My question is...
1) if i challenge order in high court what are the chances of getting success to cancel order of section 24 as maintenance in DV case was already granted
2) is it possible that instead of decreasing high court increase maintenance as my both kids living with my wife and i have only my father to look after,
3) how exactly maintenance decided, one of lawyer told me my income will be divided in two 5 parts and 3 parts she will keep and 2 parts i will. is it true. can high court issue such kind of order.
Devajyoti Barman (Expert) 13 February 2016
1. The court can grant maintenance in both 24 proceeding and in DV case and on this ground alone the order would not be set aside.
2. Unless your wife applies for increase for quntum of maintenance the high court can not increase the amount in your application.
3. It varies from 1/3 to 1/5th income of husband. The expenses of husband is considered.
Rajendra K Goyal (Expert) 13 February 2016
Well advised, agree with the expert Devajyoti Barman.
Dr J C Vashista (Expert) 14 February 2016
In an appeal u/s 19 HMA income & expenditure, assets and liabilities of both the parties are considered.

In your case the amount of Rs. 35K is interim and not final, it may (rather shall) be on higher side since both the children are staying with your wife (non-working/earning); High Court shall increase without an application from petitioner.

The income (undisposed) shall be devided in three equal parts and you will be allowed 1/2 of it.

Consult your lawyer for further proceeding and guidance.
J K Agrawal (Expert) 14 February 2016
There is no mathematical formula for award of maintenance. It totally depend upon the financial needs and income of both the parties. 50,000/- amount is not big to maintain 3 persons and their studies.
Guest (Expert) 14 February 2016
Well advised.
raja (Querist) 14 February 2016
thanks all for kind suggestions..
raja (Querist) 15 February 2016
Hello All,
i am a 40 yr old male, i was married 15 years ago. one year back i filed for divorce on the ground on mental cruelty. my file filed DV act, 125, 24, 26 and other cases. she also filed false police complaint that i was harassing her for dowry and demanding money and car. police investigation already done and i was come out clean. She also filed false DV case against me and my family members. my questions are...

1) can i take any legal action against my wife for false allegation and police complaints. can i file maan-haani case or any other case
2) can i get divorce on the basis of false police complaints by my wife against me..
3) can my family members take any legal action against false DV case.
Guest (Expert) 15 February 2016
Taking a legal action and proving that are two different things. What type of solid evidence you have to prove the falseness of the case?
Dr J C Vashista (Expert) 16 February 2016
If you have sufficient evidence to prove your version, you should adventure.


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