cpc

help in case of maintenance under hma 24


Sir,

  my wife has filed for divorce.have no children and we lived together for 2 months and the marriage is four years old. the case is in PRL CIVIL JUDGE(SR. DN.) AND CJM
. i have filed the objections.later she has given an application for interim maintenacne under hma 24.i have filed objections. but after that for last 5 months nothing has happened.it is for hearing but nothing has happened. she has not appeared but her adv. has appeared. they have not filed any affidavit / statement .

 my lawyer says that no affidavit / statement is required ,and even she need not come for argument ,and the judge will pass an interim maintenance because  that is the procedure.

I request all to kindly tell me what is exact procedure to be followed after she has given an application under hma 24, and is this procedure different in different court / or  states.and is it left to the judge. the case is in Karnataka. what else can i do if maintenance is given without hearing.

thank you.

 
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consultant

You will get one copy of application for your consent or objection. If your wife have no gainful employment, court will probably allow her application for expenses of proceeding and for her maintainance till the case closes.
 
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exec

hma is a built in component of divorce and RCR proceedings, so she is bound to get maintainence if she is unemployed,and it is deemed that she is unemployed, unless you prove it otherwise by way or her salary sheet or appointment letter or bank statement that she is earning some sort of income. only then her hma 24 will get rejected. other way is to present her qualification to the court and argue that she is employable  but still she is asking for maintainence. however it will anyway be granted. it is a temprory payment until the case ends

 
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thanks for replying. in her application she has not stated anything about her employment or otherwise.

in the divorce application she has written that she a master degree holder in commerce. there has been no argument nor any affidavit from her side about  her employment. i have filed my objection .

 she is hiding her employment. i want her to tell lies on  oath or on an affidavit. what has to be done to make her come on record about her employment.

 
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exec

first things first: first ask your self a few things that i have listed, then plan your case accordingly. 

1) do you want to live with her or not

2) if no..then be prepared to pay maintainence. as simple as that, if you want to stay, then fight your divorce case. 

3) maintainence case is like a never dying leech on a husbands body, who has to carry that parasite until his death, so stop worrying for what you cannot get rid of, until and unless you have strong solid proof of her income which is at present and not in the past, however it all depends if the past employment is argued well by your lawyer. then it also can be dismissed. 

4) calculate your money: check your income and expesenses. see and judge for yourself if the maintainence you are paying is affordable to you, it is futile to fight and pay your lawyer if you can afford to pay maintainence. as i said before. the leech cannot be rid off so easily. so weigh your options.

i am giving you practical advise. not technical....so it is upto you to decide. 

 
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@ fighting back. This is one of the very practical advice that can be given regarding maintenance. Hope this would have helped the @friend.
 
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Advocate

Your lawyer is right in his observation and opinion that once she is proved to be your legally wedded wife (admitted by you through the case filed by you for divorce) and also believed to be unemployed and living separately away from you, the court will be obliged to grant her interim maintenance based on the reasonable sources of income, so it is better to accept it  and continue to concentrate in your main case on its speedy disposal.

 
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