sensitiveman (executive) 29 March 2014

Permanent alimony or maintenance under sec 25 of hma

Dear learned experts,

My wife filed divorce under sec 13 ia of HMA. She herself declared her income of Rs. 45000 per month to court. I am sure that she will not get any interim maintainance.

In her claims she is informing the court that she wants to stay nearby to her parents and the total rent of a 1bhk would be Rs. 30000. She is asking for rent of Rs. 15000 per month as a contribution from Husband. So my query is that during the final maintenance u/s 25 of HMA can she get this much of amount from me as I would be arguing that as she is a salaried woman she is getting House Rent Allowance from the Company then why she is dependent on the Husband for residence also I would like to argue in the court that instead of paying rent separately to her she can stay at her matrimonial house for which I am already paying rent to my parents as they are the owners.

Kindly let me know that my above stand would forfeit her rental claims and also advise for any other new inputs in which her claim for rent gets dismissed.

Regards.

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 29 March 2014

If your wife is already getting house rent allowance then, the court may not award her any amount for house rent. You need to argue the case properly.

fighting back (exec) 29 March 2014

rightly advised by Adv archana, nothing more to add.

you can appeal in the high court if your argument doesnt work out.

T. Kalaiselvan, Advocate (Advocate) 29 March 2014

I agree with learned Ms. Archana on the subject issue. Please put forth a strong argument in this regard so that presiding officer is convinced about her crooked and criminal intention behind he false claims.

sensitiveman (executive) 30 March 2014

Thanks experts for your valuable suggestions !!!

Samir N (General Queries) (Business) 31 March 2014

Just want to add a word or two to the advice offered (and the advocates who have offered the advice, and particularly Adv. Kalaiselvan, are among the best on this site):

The key in maintenance is to pay her sufficient amount so as to enable her to lead the lifestyle she was accustomed to while she was married to you and living in her matrimonial house or one that you are leading now. The absolute value of her salary is not as important as the relative comfort she will be able to afford with the maintenance you are paying and her earnings/allowances.

Also, strange as it may sound, criterion for calculating maintenance is different under Section 125 Cr.P.C. or at least leaves room for a different set of arguments to be offered. ..or so I think. Some women try both with the hope of getting the best of both worlds.

GOOD LUCK!!!