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Ranjan .... (employed)     27 December 2015

Interim maintenance under section 24

Hi, 

I have filed a case of divorce on the grounds of cruelty and mental illness. The mediation for the reconcilliation has been failed and now the girl has filed a petition for interim maintaince u/s 24. They are demanding a monthly amount of Rs 1,45,000 stating that I earn 4300£ per month. However, I am not earning that said amount and it is much lower. Also, I am currently on deputation in UK and my base location is India. My question is ... will the maintainence be granted and if yes then will it be decided based on my Indian salary or the UK salary. Also, my visa will expire in 2-3 month time and I may be asked to go back to India. What is the role of consumer price index or cost of living index between two cities while determining maintainence amount?

Other details - Girl is an MBA but not working. The girl has deserted me from last 18 months. We dont have any child as the marriage was not cohabited. Girl is Schizophrenic and is under medication and has attempted suicide at her place. 

Please advice. Thanks!



Learning

 10 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     27 December 2015

The grant of interim maintenance is based on the income you are geting.  While asessing the same, your needs and necessities and other burdens of your family members will be considered.  Simply asking Rs. 1,45,000/- per month is not a big issue and the courts will not blindly follow the demand.  Since u are under deputation, your salary as u draw in Indai, will be considered. It is mater for the court to decide.

prabhakar advocate (advocate)     27 December 2015

While taking your salary into consideration in pounds, for detrmining her interim maintenance, it also will be noted that the high level of cost of living abroad, which you have to borne, and her needs here in Indian terms will be assessed.  So, on that accont, do not sweat.  And, once you come back from abroad, obviously, your earnings go to south direction and you are entitled to move appropriate application for modification of interim relief depending upon your then earnings, if you feel that the interim relief granted by the court is on higher side.

Sidharth   27 December 2015

Agreed with Mr prabhakar

SAINATH DEVALLA (LEGAL CONSULTANT)     27 December 2015

Maintenance will be in accordance with the life she enjoyed at her marital home before separation.If all goes well for her in the court,she will be eligible for 1/3rd of UR income as maintenance.If she is an MBA she cannot sit idle and claim maintenance,but the fact here is she is sufferring from a Mental Disorder,and hence her qualification may be waived by the court.U too must have filed a divorce stating her disease as a cause.

Was she sufferring from that ailment pro marriage or post marriage?

Ranjan .... (employed)     27 December 2015

Thank you all for responding. 
My wife had Schizopherina from much before the marriage and had her first engagement cancelled because of it (I didn't know about it till we got married).  
Our separation was a creation of my father-in-law who took her back to his place and later informed me that she will not be coming back as she needs medical attention. Does it qualifies desertion and nullify the maintainence claim?
In order to ascertain, a reasonable interim maintenance and also to fast track the divorce proceedings what should I be doing? Any guidance is much appreciated. Thanks!

Dr J C Vashista (Advocate)     28 December 2015

1. I agree with the expert's advise.

2. The Court will consider all facts, amenieties and style of living of the spouse enjoyed, assets & liabilities, income and expenditure  at the time of filing of petition/application u/s 24 HMA, 1956 in respect of both the parties since marriage and not in isolation of the applicant.

3. Concealment of disorder  (Schizopherina) before settlement of marriage is one of the grounds for metal cruilty inflicted upon you by your in-law as well as your wife, which donot affect interim maintenance of the spouse.

4. Desertion and qualification of the applicant shall have direct (adverse) bearing on the grant/denial of interim maintenance to the applicant/spouse. 

5. Discuss with your lawyer for further clarification, guidance and proceeding who knows much better than the experts on this platform qua the facts and circumstances of the case.

 

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 December 2015

I Totally agree with the advise of Dr Vashishta, please follow it.

dawleekumari (Bachelor)     01 January 2016

Hello experts, all calculation never work..India all case is based the case to case...my husbend runaway, working in abroad and now my interim declared as zero...

Now i m planning to go high court..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

Dear Querist

The maintenance can be grant after considering all the facts and circumstances of the case, as income, assets, savings, expenditure, life stayle and status of the parties.

as per your information you file a divorce case on cruelty and mental illness hence it is admitted by you that she is unable to maintain herself being a mental illness, so 1/3of your income may be grant as maintenance to her as per you current income which may be changed as per the circumstances in Future if any.

 

Feel Free to Call

Anand Bali Adv. (Advocate Solicitor & Consultant)     02 January 2016

Please note there is no fixed formula to assertain the amount of maintenance, though it is correct that the determining factors for it are socio economic condition of the husband plus the life style wife was enjoying after marriage with her husband. Specially for this determination, one long  Affidavit has been recomended by the Delhi High Court on the lines of Mrs Kushum Sharma's case Jan' 2015.to be submitted by both the parties to assist in determination of the maintenance of the spouse. So it is not at all correct that 1/3rd is the exact portion of income to be fixed for maintinance of wife by the court.


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