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Amita   18 July 2015

Need sec 24 interim maintenance advice & citations

Hello:

First of all, I want to thank you for all the assistance you’ve been providing to this wonderful community. I too need some help on a case with the following facts:

  • Case filed in the state of Gujarat.
  • Husband & wife used to live overseas. Husband used to work there.
  • Husband filed a divorce case and also one for the custody of the minor child
  • Husband says wife came back to India, deserting him (long story). Wife says he left her.
  • Wife filed a case for interim maintenance (under Sec 24), asking for a hefty amount citing husband’s past job overseas; husband provided a written response
  • In the mean time, husband had come back to India and has been here ever since. He informed the court he was no longer overseas but was currently working in a job with little pay as he needed to be with and take care of his ailing family member. (authentic documentation from the hospital, surgery, etc. also produced). He then changed jobs and also provided all the documents pertaining to the new job with higher salary.
  • Wife gave an application for Production of Documents.
  • Husband also did the same.
  • Wife provided a response but no proofs or information were presented at all (of her income, work, etc.). She rather said all this information was provided in her interim application (appears to be a complete lie).
  • Husband provided a very detailed response about his professional experience, current income, circumstances, etc. since he came back to India over a year ago. He also furnished clear evidence of wife working in India (wife had been hiding all this surprise) and her current income being way more than the husband’s current India income (evidence also submitted).
  • Husband also provided multiple evidence of wife lying (before the court and otherwise) in his written response.

Here’s what will really help:

Can you please cite any suitable cases (SC, High Court, etc.) where the interim maintenance was rejected due to

  • Higher/reasonably high income of the applicant
  • Not furnishing any information or evidence of the income, job, etc. despite an application for Production of Documents from the other party
  • Lying on Oath (multiple instances)

Applicant is highly educated (in her own words and writing) and has a long professional experience (again, she was hiding all this till now); in fact, she has been working all the way since her application for interim maintenance

Any other tips/advice will also be highly appreciated.

And thank you so much for all the great work you guys do out here.

Best Regards

 



 3 Replies

madhuri_bansal (CA)     19 July 2015

Please refer to the following threads carefully.

 

https://everysuffererisasaviour.blogspot.com/2014/02/list-of-more-than-100-judgements-where.html

 

For lying under oath

 

https://www.lawyersclubindia.com/forum/School-teacher-lies-to-get-maintenance-95650.asp#.VatFy5-c3CI

 

https://menrightsindia.net/maintenance-hma-24-judgments

 

https://save-men.blogspot.com/2014/07/sc-employed-wife-not-entitle-for.html

 

 

 

 

Ashwin   10 April 2018

thank u sir

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     10 April 2018

Do not remain under any mis conception about maintenance. If you are husband than your spose is entitled to get it irrespective of her qualification and exp.


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