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Gaurav (Engineer)     07 February 2014

Crpc125 and hma 24

Dear Sir,

My wife has filed 125 case to get the maintenence for herself and her minor son. Also, she has filed application u/s 24 of HMA for maintenence.

During cross in 498A case, she told to the court that her father came to the matrimonial home and take her to parental home. She also admitted that there is no proof of minor/grave injury due to the beating of the husband and mother-in-law but in the affidavit given by her in 125 case she mentioned that she has been staying with her parents for two years due to the beating of her husband.

Now, it has proved that she is living away from her matrimonial home on her own will ?

I would like to know how i can proceed further if still court grants her the maintenence u./s 125 and HMA 24.

Kindly advise.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 February 2014

No wife shall be entitled to receive an allowance from her husband if: She is living in adultery, or Without any sufficient reason she refuses to live with her husband, or They are living separately by mutual consent. However if the husband has married another woman or keeps a mistress, it shall be considered to be just ground for the wife's refusal to live with him.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 February 2014

Laxmi Kant Joshi (Advocate )     07 February 2014

Your wife is entitle to get maintenance from you as she is not working and she has no sufficient or any source of income to maintenance herself , you are also liable to pay maintenance to your minor child , you cannot ignore your responsibility .

gd dy (gd dy)     06 March 2014

like to knw tht "MENTAL  CRUELITY" is not a best excuse to save frm desertion allegation as well maint. claim ?


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