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Subhomoy Das (Retail Manager)     19 July 2013

Maintenance

HUSBAND WORKING IN A PRIVATE COMPANY GETTING SALARY Rs. 6000 P.M. WIFE LEFT HER 1.5 YEARS BACK. HUSBAND STAYS ALONE AND NO ONE IS THERE TO LOOK AFTER HIM. THEY GOT A SON 5 YEARS OLD. WHEN THE WIFE LEFT HER HUSBAND SHE WAS HOUSEWIFE. NOW SHE GOT SELECTED IN ORISSA STATE CIVIL SERVICE EXAM BY ORISSA PUBLIC SERVICE EXAM. SHE JOINED AS AN OFFICER IN ORISSA STATE FIANACIAL SERVICE. SHE IS IN GAZETTED OFFICER RANK. SHE IS GETTING Rs. 32000/- SALARY PLUS OTHER BENEFITS AND ALSO A CAR GIVEN BY ORISSA GOVT.

NO DIVORCE CASE HAVE BEEN FILED YET BY EITHER PARTIES. CAN THE HUSBAND CLAIM MAINTENANCE FROM HER WIFE WHOS IS A PUBLIC SERVANT OFFICER NOW. IF YES UNDER WHAT SECTION CAN THE HUSBAND CLAIM?



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 July 2013

The husband can claim maintainance from the wife under the hindu marriage act.

nilay (oe ddata)     19 July 2013

You can file 127crpc, I am not lawyer but I am confirm same Newteam@email.biz For other query

nilay (oe ddata)     19 July 2013

You can file 127crpc, I am not lawyer but I am confirm same Newteam@email.biz For other query

(Guest)

@ Author congratulation as your wife been selected for OPSC you might be happy for her as she can't file false cases and false maintenanace cases on you in future if she want's divorce also as she would not like to run around court for years carrying her high profile job and once she might be caught in perjury she will suspended from her job too.

 

Now you can't ask for maintenanace but you can seek change of circumstance in the financial condition of spouse to maintain same life style as of your wife trhough 127 crpc.


I hope you could become an example to all wicked women who are always for money rather than a need of husband by getting maintenanace from his wife.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 July 2013

Dear Querist

the husband can claim maitenance from his wife u/s 24 of Hindu marriage Act but this section will be applicable when any case under Hindu marriage act has filed before the court or pending before the court otherwise this section will not be applicable.

Read the section 24:

24. Maintenance Pendente lite and expenses proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independentincome sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner' s own income and the income of the respondent, it may seem to the court to be reasonable.

Feel Free to Call

1 Like

shriks........... (healyhcare)     20 July 2013

1.adv nadeem is absolutely right......
2. you can either go for rcr or divorce.........and then 24 hma for pendente lite alimoney

3. if wife not interested dvorce would be easy , you can go for mcd asking wife to give you one time settlement.......why not try as she has deserted....??????


(Guest)

Agree with Nadeem ji.

ashoksrivastava (scientist)     20 July 2013

@Subhomoy Das as the husband is still earning what he was earning at the time of last stay together he is not likely to get any maintenance since he can very well maintain pre separation life style with same salary and no wife or kid to maintain now. Regards ASHOK

NGOKC (pm)     27 July 2013

@ashok husband was earning just 6000 , so he can get higher maintainence

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