Suggesstion under 24 HMA
Querist :
Anonymous
(Querist) 24 February 2011
This query is : Resolved
hello...
I am having matrimonial dispute with my wife. Court fix the amount of Rs.2500/- per month under 24 HMA. For the past 1 year I am regularly paying this amount.
(arrears not yet completed)
She is an advocate now.
Can advocate wife can claim maintenance, as I have no proof that she is in practice.
But she is register with BAR council.
Sanjeevappa. L
(Expert) 24 February 2011
if you able to prove that she is practising in anywhere or she is filing vakalath in cases or she is getting any sums from governament or any other organisations, she is not entitle to claim maintenance and your income also to be considered.
Sanjeevappa. L
(Expert) 24 February 2011
if you able to prove that she is practising in anywhere or she is filing vakalath in cases or she is getting any sums from governament or any other organisations, she is not entitle to claim maintenance and your income also to be considered.
Parveen Kr. Aggarwal
(Expert) 24 February 2011
The requirement of section 24 is that the applicant wife must not have independent income sufficient for her support and for necessary expenses of the legal proceedings. Mere registration with bar council as an advocate is not a proof of income sufficient for her support. In case she is earning, you must prove it in order to apply for alteration of the order made by the Court.
"24. Maintenance Pendente lite and expenses proceedings:-Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable."
