Award of maintenance after the main maintenance u/s 18 HAMA?

@ Author

Only one question;

1. Have you brought to the notice of Court 'change of circumstances" ? [means current status being student having no income !]

Dear tajobsindia sir,

When I filed the counter petition, I was not working, but not a student then just preparing for the entrance examination. So, mentioned in the counter that I was jobless, without considering this joblessness, judge ordered interim @ 5000, which is what I am paying now, though I filed for revision in HC, stating that I am currently student, the HC judge simply dismissed my petition without even admitting my petition stating that as a dutiful HMA husband, you have to pay this small amount.

Irrespective what happened in interim maintenance, now I will bring to the court notice with proofs' that I'm currently student and had been jobless, since the last year, in these circumstances, could you please answer my above queries and also regards to payment of maintenance since date separation.

-Naresh

@ Author

Welcome to world of arbitrary maint. awards by Indian Courts.

1. Based on your reply mail I see that your wife has already won ¾ of battle under maint.
Reasoning: You say you brought to the notice of Court that you are jobless. Was it by way of Oath Affidavit supported with Resignation / Termination of service letter of the company ?


2. Further, once you start paying your hard earned penny without going to higher forum (means Appeal) then higher forum mostly do not find substance in such Appeals is exactly what happened in your case. However, no Court can dismiss any case without a "speaking" Order hence you still can approach higher forum for same.


3. You have not mentioned how Court arrived at 5 K figure?. To me your wife showed you to be earning 30 K or so and in such infrence submissions situations Court sets aside for husband half of the alleged income i.e. 15 K out of 30 K alleged is for your kitty party and usually grants 1/3^rd. on balance residual income to wife in case other liabilities of husband not stressed by his side during effective pleadings.


4. All above paras gyan being besides the point now your option is to go still higher up i.e. SC based on ‘hosh’ and ‘josh’ each with his / her own capacity and zeal to contest family law suits is what I mean here.


5. I also see some weak pleadings by your side of advocates and donot know if you case was in Family Court or usual Matrimonial Court so omitting replying to particular Sections usability therein.


6. There is method to family court contest of cases. Day 1 resolve you want to contest till her hair turns grey and or Day 1 resolve that no matter what happens you are ready to go to prison on account of non payment of maintenance. Which category you fall in as in a INDIAN HUSBAND !


Some after thoughts:-

Que. (a) Is it possible that main maintenance u/s 18 HAMA may be awarded from the date of separation, considering the prior earnings, when he was in job, even though he has already been paying interim maintenance from the date of petition (july, 2009)?
Ans.: Interim is awarded either from date of Order and or from the date the Application for such relief’s are prayed for.

Que. (b) Will the interim order be modified to pay the maintenance from the date of separation rather than from the date of petition of maintenance?
Ans.: See above.

Que. (c) Will the already paid interim maintenance be considered and adjusted in the final (main) maintenance order? Will the judge has to consider already paid interim maintenance, while awarding the maintenance in the main maintenance u/s 18 HAMA? 
Ans.: Final Maint. is called Alimony which is mostly lumpsum payment to part ways and is mostly based on S. 25 HMA Application and or even awarded by way of an Affidavit filed by by her to the concerned Court. The interim maint. is to use husbands money to contest the case of husband in layman’s language interpreted for you.


All the best.

Dear Sir,

Thank you for your explanations to my questions above and my cases (divorce & maintenance) are running in family court.

But, the answer I needed was little different. For the Question(a), you said, interim is awarded from date of petition or date of order. My question is having already ordered by family court to pay the interim maintenance from the date of petition, after the trial for main maintenance u/s 18 HAMA completes, is there any possibility that the court would allot her maintenance from the date of separation and at the rate higher than the Rs.5000, which I have already paying, considering my prior earnings, from the date of separation?

Suppose I was earning 10L for the last 4 years, since the date of separation, but jobless & student for the past 1 year, a total of 5years, which is the duration of separation. In this circumstances, is there any possibility that the court will consider my 10L yearnings during that time and award her maintenance at that rate during that time? 

Also please enlighten me S.25, when can it be applied?