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Sanjeev Dudhat (Lawyer)     13 October 2008

interim maintenanceu/s 26 HMAct

Husband is proved HIV positive.(infection caused due needle prick for testing blood sugar in deep interiors of backward Africa)  Wife and two children are free of HIV.(a case of discordant couple)  Considering the unfortunate life expectancy,  husband  invested in purchase of land for business in the name of wife. Built infrastructure and initiated the business of LPG gas agency for the wife.Admittedly  all out  of his own funds and income . Further transferred huge amount of moneys  in wife 's Account for her disposal. Earlier, (prior to being detected of HIV)  had purchased two flats in name of wife exclusively.   Wife is settled into LPG Buisness.She can take care of herself and also the children. Husabnd claims to have taken care of the wife and children ina unique manner as stated above and has challanged wife's application for maintenance of the children on the aforesaid ground and also on the ground that the wife has concealed her true income by concelaing many material facts of having purhcased another commercial property, showed loss in the business( this business which never goes in loss ). Despite of  the fact that she had no burden and botheration to return the  invested the amounts to husband which she had shown as unsecured loan in the I-T returns. Even the I-T departmnt has issued letter to her reflecting that she has not filed latest I-T return as per prescribed format thus concelaing lot many sources of incomes  and investmentment made by her. Harrased by wife on ground of being HIV and a Low caste husband filed petition for divorce.Wife claimed maintenance. concealed material facts of having further purchased an commercial land and vehicles etc.Husband now in service and now earning very less. needs his own his money and saving and a flat purchased in joint name of the wife for his exlusive possession and disposal in the trying situation when HIV turns into full blown AIDS case.
 Please, any citation to  strengthen the husband's stand for stopping ad-interim maintennace @ Rs. 10,000/-p.m.  where is earning is merely Rs. 14,000/-p.m.the matter is fixed for final argument on the interim maintenance application


 2 Replies


Assuming the parties have used one of the Section of 9 to 14 of HMA the interim maint. is granted and or assuming under S. 125 CrPC the interim is granted my suggestion are as follows;

(1) It is settled principal of law that if both parents are earning and or have income then the maint. for illegitimate and or legitimate children of parties are co-extensive. This person can file Writ in HC challenging lower court's int. maint order and ask for a stay.

(2) He can approach HC with a plea to re-investigate evidences of joint property / joint account / business head / movable and immovable properties of wife grounds.




I do agree with Mr. D. Arun Kumar, he is absolutely right.

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