MVenuSwara (Others) 05 June 2009

Maintenance

what would be the fate of the case filed under section 18 and 20 of HA&M, before husband filed suit. wife got interim under sec. 24 pendenlite, for husband's. suit. Husband's suit is finalised but the one filed by wife is not disposed off even when the wife opted for taking intrim maintenace under sec 24. Now she is filing claims under the petition she filed.

Is the suit filed by wife is not closed automaticaly when she opted for taking maintenance under sec 24 after adjusting the maintenance graned under sec 18 and 20(the petition filed by the wife.)

How to deal with the petition of the wife

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2 Replies

Guest (Guest) 06 June 2009

Section 18 &20 of HA&M Act, 1956 deals with permanent maintenance where as Section 24 of HMA deals with only maintenance during the pendancy of the case under that Act. Hence, the granting of maintenance under the latter Act will not dis-entitle the petitioner to claim permananet maintenance in former Act. But the court will take into the consideration of maintenance paid in Section 24 of HMA while deciding maintenace u/s 18 & 20 of HA& M Act, 1956 and give appropriate direction.

MVenuSwara (Others) 10 June 2009

Thanx Sir. But as far I know, as per section 18 & 20 THE WIFE should have reason and justification for living away from husband to get the maintenance; If SHE deserts husband she is not entitle to get maintenance and MOREOVER an able body and HAVING CAPACITY AND ABILITY TO EARN' she is not entitled to maintenance. Recently there are judgements on these lines only.

Can u enlighten further please