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mukesh (Executive)     02 May 2010

Maintance u/s HMA 24

Hi  all,

Myself and my wife we are seprate living since 3+ years. She File 498a case against me before 2.5 yrs. She blessed with son and expired after 3 month. But She didn;t tell me any thing & about alsol funeral..

She is working as a teacher (govt. Employee), Drawing 20k Salary PM.

Now, I want to file Divorace  case u/s 13. I m working in delhi and drawing 50k PM. if she file section 24 HMs,

for maintance , Whts option are with me . I don;t want to pay a sinle rs.



Learning

 6 Replies

DEVENDRA KUMAR JAIN (ADVOCATE and NOTARY PUBLIC)     02 May 2010

If you can prove tha she is capable of maintain herself you need not pay a single paise.

Pankaj Mehta (Advocate)     02 May 2010

you didn't mentioned here that a case u/s 125 Cr.pc for providing maintenance to ur wife is pending againt u or not??

u should obtain the salary details of ur wife from her employer under right to information act for making a defence against ur wife in possible litaigation of 24 HMA,

Dont worry about the consequences and go forward to file a divorce petition through a good reputed civil lawyer, if ur relations can not be rectified.

Gundlapallis (Advocate)     03 May 2010

You file the divorce case first.  Maintenance, let her ask, you have a way out as my ld., friends already advised.

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 May 2010

If you are able to prove that she is working and getting huge sum, then you can defend maintenance case anytime.

mukesh (Executive)     03 May 2010

Sir,

no other case is against me except 498a. No other Maintenance case pending / proceeding against me.

She is a  govt. Employee and getting 20 k take home salary. And more than 3 yrs we r living seperate as per documentry proof.

nidhi kalia (lawyer)     03 June 2010

I DO AGREE WITH MR PANKAJ MEHTA

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