Brachy 12 December 2016

Maintenance under s24 of hma

Dear experts - In the contested divorce before the family court, wife's application for interim maintenance has been allowed by family court in the past. Now due to change of circumstances, I have filed an application before the court to modify the order citing her employment details along with some crucial documents. My query is -

1. Do I have to lead the evidence under S24 of HMA to prove that she is working? or should I merely argue on the application filed for modifing the maintenance order and court passes the judgement.

2. Is it mandatory to lead the evidence to prove that she is working? If so, under what circumstances.

Please guide.

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3 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 13 December 2016

Yes, you need to lead Evidence to proove that she is working with all proofs.

Ms.Usha Kapoor (CEO) 13 December 2016

Yes! you need to prove her gainful employemnt to avoid interim maintainance to her.But her income is insufficinet youneed to pay the balance interim maintennace to her till her salary increases or till she finds a decent or ginful employemnt. or till she remarries after your divorce.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 December 2016

If you want to put the order on hold, you must file an application for a stay. A stay is when the family courtdelays putting the order into effect for a short time. To ask for a stay, you must file an application for a stay with the Appellate Division.