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jaguar (student)     29 January 2012

24 hm act: litigation expense for earning wife

Case :  wife is earning Rs 20,000/- per month husband is earning Rs 41,000 per month there is no kids(son/daughter) now in different law how much maintenance can she get

  1. whether she will get any litigation expense in hm 24 act(if yes then how much)

 

2.  whether she will get any interim maintenance in hm 24 act(if yes then how much)

3. whether she can get any maintenance under 125 crpc

any judgment to support the case

 

as per my knowledge she will not get any maintenance in crpc 125/24 hm act but she can get litigation expense in 24 hm act



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 11 Replies

jaguar (student)     29 January 2012

i am from husband side and want that she can not get any any money in any case

Shantanu Wavhal (Worker)     29 January 2012

maintenance is given to the lady who is not able to maintain herself financially.

amount is decided as per pledings of parties & merits.

there is no definite formula to derive the exact amount.


in ur case the wife is self dependant. 

20K pm should be sufficient to maintain onself & fight litigation.

Self service (None)     29 January 2012

She won't get any thing as interim maintenance. Only thing alimony 40+20= 60, 60/3 = 20, She is alrady earning 20,000.  only thing you are earning 1000 rs extra so shemay get 1 - 2 lac as aliomony at best. This all general calculation depending on your case court will decide.

1 Like

Chaitanya_Lawyer_Mumbai (Lawyer)     30 January 2012

She will not get any maintenance as well as alimony with incomes of 41k & 20k respectively.

but while deciding permanent alimony, property in your name will be considered.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

She may not get maintenance but may get some litigation expenses.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

3 Like

Pooja_____ (HR)     31 March 2012

My case is similar to the one above i.e. I am is earning about 1/3 of my husband's salary. Before marriage, My husband and I had flats in individual's name. Details of flats are on records. My husband is expecting divorce in appeal at High Court and has sold his flat recently. I am contesting divorce and don't want to give divorce. If High Court grants divorce then

a) How much amount I can get as permanent alimony?
b) He has sold his flat recently, will it have impact on permanent alimony?  if yes, what should I do?
c). I don't want to sell my flat as I am living in it. Should I sell my flat?
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 April 2012

In the facts you have stated, you may get evry little as permanent alimony.

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Pooja_____ (HR)     01 April 2012

Thank you, Mr. Shonee Kapoor.  I have observed that many people in the forum like your replies, because they are not vague or crisp and to the point.

I feel my questions are still unanswered. My lawyer had shown me a case of Naveen Kohli and Neetu Kohli, where husband and wife were earning and having properties in their name. And the Supreme Court awarded Rupee 25 Lakhs to wife.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2012

Naveen Kohli Vs Neetu Kohli is unique.

 

SC has made direction to Union Government for irretrievable breakdown of marriage.

 

If you have followed the discussion on the same, you would have noticed that wife can oppose the divorce decree on one ground only in this clause, that it would subject her to financial harship.

 

So don't base your hopes on that only. Only SC as of now can pass such orders, even HC are not empowered to do so.

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
 
PS: Better settle the dispute, if alimony is the only question. Get talking to your husband and fix it.
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2012

BTW, it is Navin Kohli Vs Neelu Kohli, 

 

I just reread the judgement and I repeat my understanding was correct.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Pooja_____ (HR)     02 April 2012

Thank you Mr. Kapoor for your reply.

Wondering why my lawyer advised me to sell the property? I have observed that many members of this forum have advise the husbands to sell properties even in cases where wife is earning.
 


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