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Sam   13 November 2017

Div case & interim maintenance

I have no option but to file div case first due to unavoidable circumstances. Can someone guide me if I file div case first, then how much interim maintenance (if she opts for Sec-24) will I need to give in lumpsum / monthly basis? Also, what are the pros and cons of filing the case first.


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 5 Replies

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.

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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

Both are different, read my reply again. If she engage costly advocate that's not your problem, you will be asked to pay proceeding charges according to your income not on what fee is charged by her advocate.

Vijay Raj Mahajan (Advocate)     13 November 2017

Both are different, read my reply again. If she engage costly advocate that's not your problem, you will be asked to pay proceeding charges according to your income not on what fee is charged by her advocate.

Sam   13 November 2017

Thanks a lot for the guidance.


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