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Krishnamurthy Balasubramanyam (Manager)     09 August 2012

Interim maintainence

Dear Sirs,

Thanks to all of you who have been advising me. I had the following queries in relation to my divorce. My wife has filed for interim maintainence. Her brother is an executive Director of a firm and is quite capable of employing her without any documentation(like offer letter, salary slip, etc). My wife is also fully capable of earning an income for herself. In fact during the counselling sessions she repeatedly insisted that she intends working in future. How can I prove her employment if she has currently taken up a job in her brother's firm? The second issue is my job is shaky and I do not know how long will it be before I am fired!!. Can I plead that the interim maintainence be stayed till I am in a position to find re-employment and start paying her? Will my loan deductions be taken into consideration? I have a home loan and personal loan? Please advise.



Learning

 7 Replies

Dharmender (None)     09 August 2012

Is she educated?. If yes how much educated she is?

Her education will also be taken into consideration. A educated girl can maintain herself. There are several judgements related to it.

Is her brothers firm a private or ltd. If it is LTD. try to find out whether they give PF to there employees. If yes then under RTI try to get her PF statement from PF department of that area where firm is registered.

If you get unemployed show your relieving to the court and request for exemption.

Loans and other liabilites will also be taken into consideration while providing her maintainance. Try to show that you have more liabilites and request for lesser maintainance. Appeal in upper court against the interim maintainance.

Fight like a lion and dont get trapped in the cage made by your wife.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 August 2012

very good reply from mr.Dharmender.

Harish Malik (Advocate)     09 August 2012

 

Equivalent Citation: AIR2005Kant417, ILR2005KAR4981, 2005(4)KCCR2744

IN THE HIGH COURT OF KARNATAKA

W.P. No. 31296/2003

Decided On: 22.08.2005

Appellants: Dr. E. Shanthi
Vs.
Respondent: Dr. H.K. Vasudev

Hon'ble Judges: 
K.L. Manjunath, J.

Counsels: 
For Appellant/Petitioner/Plaintiff: 
O. Shivarama Bhat, Adv.

For Respondents/Defendant: T.A. Karumbaiah andP.C. Vinitha Advs.

Subject: Family

Catch Words

Mentioned IN

Acts/Rules/Orders: 
Hindu Marriage Act, 1955 - Section 24

Case Note: 
(A) HINDU MARRIAGE ACT, 1955-SECTION 24-INTERIM MAINTENANCE-petitioner wife a doctor claiming interim maintaince and litigation expenses-application for interim maintenance dismissed by Trial Court on the ground that she is also attending as a doctor elsewhere and her name is on the board of the clinic-HELD- When the petitioner was practising prior to marriage, when her name continues on the board of the clinic, the Trial Court is justified in rejecting the application of the petitioner. There is no difficulty for the petitioner to work as a doctor. Even if the petitioner is not working as a doctor in the clinic of her brother, since there are no impediments for her to work along with her brother as a doctor and when she is capable of earing, this Court is of the opinion that the Trial Court is justified in rejecting the application of the petitioner. When the petitioner is capable of earing and having required qualification and that when she was working as a doctor prior to marriage, there cannot be any difficulty for her to continue the same profession. Therefore, Section 24 of the Hindu Marriage Act cannot come to the aid of such person.

Petition Disposed of.

ORDER

Manjunath, J.

1. Petitioner is the wife of the respondent. Both of them are Doctors by qualification. The respondent is working as a Medical officer in a Government Hospital. The respondent has filed a divorce petition in MC. No. 57/2001 on the file of the Family Court at Mysore. In the said proceedings, the petitioner filed an application under Section 24 of the Hindu Marriage Act claiming an interim maintenance of Rs. 5,000/ per month and litigation expenses of Rs. 50,000/-. The said application is dismissed by the Trial Court on the ground that the petitioner is also attending as a Doctor in "Hariharan Clinic", which according to the respondent is a very famous clinic in Chennai. This order is called in question in this writ petition.

2. According to the learned Counsel for the petitioner, the name of the petitioner appears on the board of Hariharan Clinic as one of the consulting Doctors and the said name appears along with her brother prior to marriage and even though she is not practicing as a Doctor, her name on the board continuous and therefore, petitioner is entitled for a separate maintenance.

3. Admittedly, petitioner is residing with her parents at Chennai and whose brother is also a doctor. When the petitioner was practicing prior to marriage, when her name continuous on the board of the clinic, the Trial Court is justified in rejecting the application of the petitioner. There is no difficulty for the petitioner to work as a Doctor. Even if the petitioner is not working as a doctor in the clinic of her brother, since there are no impediments for her to work along with her brother as a doctor and when she is capable of earning, this Court is of the opinion that the Trial Court is justified in rejecting the application of the petitioner. When the petitioner is capable of earning and having required qualification and that when she was working as a doctor prior to marriage, there cannot be any difficulty for her to continue the same profession. Therefore, Section 24 of the Hindu Marriage Act cannot come to the aid of such persons. Accordingly, this petition has to be rejected.

4. At this stage, learned Counsel for the petitioner submits that out of the Wed-lock parties have got a minor daughter who is studying in school. When the parties are having a daughter out of their wedlock, it is the responsibility of the father to maintain the child. Admittedly, the respondent is working as a Medical Officer at Chamarajanagar, considering his salary and the fact that he has to maintain his aged parents, this Court directs the respondent herein to pay a sum of Rs. 2,500/- per month from the date of filing of this petition before this Court to maintain the child. Accordingly, the petition is disposed of.


(Guest)

court may deny to give maintenance to Highly educated wife. If she living separatly.


(Guest)

Mr. R.K. Prajapati ji,

Post graduate considered as high education?

Kanchan Madan (NA)     10 August 2012

Sir,

If the girl is earning sufficiently but now says she has resigned from the job and hence she must get maintenance- how to deal

rajiv_lodha (zz)     10 August 2012

Originally posted by : Devil

Mr. R.K. Prajapati ji,

Post graduate considered as high education?

Yes post graduate is highly educated

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