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skumar (abc)     15 April 2015

Entitlement of maintenance to wife u/s 24 hma

Dear friends,

                            We had only 3 months of matrimonial period. I & my wife are living separately from last six years, During this time I am also acquitted from 498a, 406 from high Court (my parents acquitted from trial court). High court judge has indicated fault of wife's family in his judgement.

                            Now I have filed Divorce case and she has flied application u/s24 H.M.A. I am a Govt. servant and earning Rs. 60,000/ per month. She is a Assistant Professor In Private Engg. college and getting around Rs.25,000 to 30,000/- per month. We have no child. She is living with her parents. She is also more qualified then me (I am a graduate, she is post graduate with M.Tech). I want to know that what are the chances of her getting maintenance amount? If there are chances then approximately how much amount could she get?

regards



Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 April 2015

The Supreme Court of India has ruled that a woman is entitled to claim maintenance from her husband if her independent income or earnings as a single woman are insufficient to maintain the standard of living she was accustomed to whilst living with her husband.

roshuv (Manager)     15 April 2015

Thanks Ramachary Sir for your reply.

But if Wife is at fault. That is to say the Allegation by wife against husband could NOT be proved in court. Then also wife is Qualified to get maintenance.

By earning Huge has Husband done any crime? Whereas Wife has Failed to prove allegations against husband. Is there NO way to avoid this wrongdoing by wife?

Can u please provide the SC judgement you have mentioned Sir.

Thanks

vivekjoshi   15 April 2015

In response to her application U/S 24 HMA. You will have to plead these facts with Evidence. Section 24 HMA is not a Punitive section, Nor it Says that the Salary difference of the Husband and wife should bridged by way of Interim maintenance. It only declares that the weaker section should not get benefited by the stronger section and due to this the court has a power to award Interim maintenance.

In your case the chances of court granting Interim Maintenance is very week as you have suffered from Cruelty in the hands of your wife.

You will have to plead cruelty in the hands of your wife. Attach the order for Acquittal from the charges of 498a and 406.

In my opinion the hon'ble family court will not grant such maintenance.

 

 

1 Like

N R Dash.. (Advocate)     15 April 2015

Mention that she voluntarily deserted you and quote the favourable findings in both the prevous cases. As she is earning & in the ground of cruelty & desertion, she will not get any maintenance.

skumar (abc)     16 April 2015

thanks to all for valuable advise. Yes I have flied Criminal & civil Defamation cases against them. they are in preliminary evidence stage.

regards

skumar (abc)     16 April 2015

Can anybody mention the SC, HC judgements suitable for my case.

regards

harrassed (SE)     18 April 2015

Here is the link Skumar ==> https://www.lawyersclubindia.com/share_files/SC-Alimony-to-be-decided-on-husband-s-life-status-9097.asp

skumar (abc)     19 April 2015

thanks "harrassed".

Adv. Chandrasekhar (Advocate)     19 April 2015

Almost nil for her to get maintenance, if you prove her employment and emoluments.


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