Upgrad LLM

maintenace query


My wife has demanded Interim Maintenance from me.

Will I have to pay it even if  I am a student pursuing higher studies?

 
Reply   
 
practicing advocate

It is the bounded of the husband to pay the maintenance. You cannot avoid it.

 
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thanx for quick reply sir.

But in reality I am a student pursuing higher studies. I

was self employed before but after the problems occured in my matrimonial life I had stopped working and want to pursue higher studies.

I have no income right now.

 
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Advocate

Then you can claim maintenance from your wife if she is working. :)

 
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Thanx 4 quick reply mam.

Actually even she used to work before but now she is probably not woking.

Anyways I dont need maint. from her.

But can court ask me to pay maintenance even then.

 
Reply   
 
propra

It depends on the whole circumstances of the case!!!

 

 

Sec 24 interim maint under HMA (only under HMA and under any other statute) is gender neutral.

 

 

If both are not earning and both are in want of assistance from each other then .................. both should plead accordingly.

 

 

But courts do refer (and they are supposed to) to other Hindu personal laws and give deference to it and also crpc 125 and thus comprehensive  view that comes out of it is that.......... Once a male gets married (Hindu to a Hindu as per HMA ) then it becomes a responsibility of male to maintain female and kids.

 

 

Exception here is that: If female is capable of earning and not earning then she is not entitled to it.

 

 

But for females it does not mean that mere a 'factum of separation' means a go ahead given by her 'husband' to join studies!!! ........................ 

 

 

if they were living together and Even though  as a loving couple ......................... if wife had said that she wants to study ..then husband may say  " yes"  only if he is capable of paying for her studies or atleast says 'do join the studies, I won't mind if you can't not spare time for household work due to studies etc...but atleast sponsor your studies yourself!!'.

 

 

Mere 'Factum of separation' can't be treated as a scholarship or education grant!!!

 

 

Law says that, after 'factum of separation' if a spouse has no means to survive then only one is entitled for maint.

By joining studyies, one can't incapacitate oneself !!! (So is applicable to husband also!)

 

 


Total likes : 1 times

 
Reply   
 
Advocate

If you show to the Court that you do not have any income to look after your self, then you would be absolved from paying maintenance to her. If she can prove before the Court about any income to you, then you will have to pay her maintenance. 

 
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Thanx a million for ur replies.

My wife used to earn prior to marriage. So is it enough to prove that she has earning potential ?

I dont have her income proof but aware where she was working.

 
Reply   
 
Advocate

In that way, both of you have the potential to work and earn..that will not suffice when she is asking for maintenance. Now Court will see if you are earning your livelihood at this point of time.
 
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