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pun (eng)     06 May 2013

Independent source of income necessary for maintenance?

Hello Members,

Is it necessary to have no Independent source of income to claim maintenance u/s 24 of HMA? Wife has left her high salary job just  to get the maintenance but it is proved in court that she is having heavy bank balance. But according to her lawyer she is not having regular income per month basis so is entitled to get maintenance.

Do you know any HC / SC judgement helping in such kind of scenario to deny the maintenance.

Thanks



Learning

 2 Replies

rahul (director)     06 May 2013

she must haveing a regular interest income againt her heavy bank bal.

this will be considered income of wife

 

and on the other limb of argument is

she was working earlier... she is able bodies.. she cant incapasites herself to get maint,,

he application is false is needs to be dismised

 

stanley (Freedom)     06 May 2013

The interest accumulated from the fixed deposits can be termed as a regular source of her yearly income . As she is able bodied and if she has resigned of her own accord inference has to be drawn that she has done this just to claim maintance and hence the same has to be denied . If she has been terminated it is altogather a differnt scenerio .


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