MVenuSwara (Others) 22 May 2009

Mintenance under Section 18 & 24 HMA

All Sirs,

The participation and the advice through this channel tempted me to put my anxiety for clarification: This regarding maintenance to an able body and well qualified woman: The lady got self declared pauper on the basis of an closed account concealing other accounts: CAN THIS BE CHALLENGED AT ANY STAGE OF THE CASE; HOW AND WHAT HELP W GET ? She is able body and well qualified and earning handsomely from the qualification - BUT CANNOT BE PUT TO EVIDENCE HER INCOME; AND TAKING ADVANTAGE OF THE SAME AND GETTING AND CONTESTING FOR HAFTY MAINTENANCE AMOUNT; HOW CAN THE JUDGE CONVINCED THAT THE LADY IS EARNING THROUGH HER QUALIFICATION AND CAN MAINTAIN HERSELF AND DOES NOT NEED MAINTENACE

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9 Replies

adv. rajeev ( rajoo ) (practicing advocate) 22 May 2009

Dear Frnd,

Burden lies on you to prove the income of the lady. If she is conceling the income by closing his accounts, then u have to call the douments from the bank to show that she has got income.

Regarding her employment u have to prove it, otherwise her husband will have to pay the maintenance.

MVenuSwara (Others) 22 May 2009

But what about the person is able to maintain and deliberately not working

Swami Sadashiva Brahmendra Sar (Nil) 22 May 2009

It is her social privilege -- legal system presumes her helplessness and man's ability to earn and maintain her !!!!!!!!

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 22 May 2009

Rightly said by Doctor Sir.

B.B.R.Goud. ( Faculty) 22 May 2009

Burden lies on you to prove the income out of salary or property of the wife. If she is concealing the income by closing his accounts, then u have to call the relevant douments from the bank or some where, to show that she has got sufficient income to maintain herself. Regarding her employment u have to prove it, otherwise her husband will have to pay the maintenance. if she had sufficient qualification to earn her livelihood/maintenance, even then also she is not eligible to claim the maintenance by husband.

hage nibo (lawyer) 23 May 2009

It lies on the facts whether the means of her earning is recordable or not, if recordable, let the court call for her income record from the concerned employer. As an easy method,find out from the bank her latest transaction of the closed a/c.There you may find some clue as to her income,as the salary now a days are being paid not in cash but in the form of cheque or otherwise.

Ajay kumar singh (Advocate) 24 May 2009

If the wife deserves high social status, she can claim maintenance even if she earns lucarative smounts of money.

Binod Kumar Mishra (Government Service) 27 May 2009

i am not enclined to the above responses. if wife earns high status it is the headache of her. if she is earning, then she need not to pay maintanance.

MVenuSwara (Others) 27 May 2009

Mr. Ajay Kumar Singh said/stated that "If the wife deserves high social status, she can claim maintenance even if she earns lucarative smounts of money.".

How to calculate the deserving of high social status ? When the wife deserts the husband where is the social criteria left ? If she deserves why did she deserted?

The educated and self-employed wives easily conceal their earnings; how to tackle ?