Sam 13 November 2017
Vijay Raj Mahajan (Advocate) 13 November 2017
Maintenance pendentelite and expenses of proceedings under section 24 HMA is relief available to both parties. The wife in most cases file application for this relief, provided she has no income or means to mainain herself.
The Family Court has descretion to decide the amount of maintenance to be allowed or not will be based on the income of the husband keeping in mind the standard of living of the parties and necessary expenses of both parties. This is interim arrangement for the spouse till the time the main petition for divorce is pending before the Family Court. The amount allowed as maintenance is fixed amount to be paid on monthly basis only.
The proceedings expenses too are paid to spouse/wife for defending the main petition of divorce and that amount has to be reasonable based on the income of the husband.This one time amount to be paid to the wife by the husband for this particular litigation only.
Sam 13 November 2017
Thanks for the necessary information. So is it the case that I need to pay proceedings expenses + interim maintenance (if wife claims under Sec-24), or both are the same? Also, if she hires a costly lawyer then again it will be on me. Please suggest.
Vijay Raj Mahajan (Advocate) 13 November 2017
Vijay Raj Mahajan (Advocate) 13 November 2017
Sam 13 November 2017
Thanks a lot for the guidance.