amrit kumar (job) 19 August 2017

Sec.9 nd maintenance under sec 24

I fillled sec 9..wife filled appliaction under sec 24 to get maintaince nd litigation expense..we both are in govt job..she earning 45k nd m earning 66 k ..wht are the chaces that she will get maintenance. Also she written in application my father income 1lakh..does my father income also affecr the maintence amount.. Plz explain wht can happen in sec 24.

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8 Replies

Raveena Kataria (Advocate ) 19 August 2017

Well, strictly as per my opinion, the income of your father is not likely to affect the amount of maintenance the court decides to award in the favour of your wife, considering the court does deem that she is entitled. Wives are entitled to maintenance through the father-in-law in cases where both her husband and parents are deceased. Moreover, since she already has a job and is able to support herself, and considering you have no children, I'd say her chances of getting maintenance are bleak- but of course, all rests upon the court's discretion in the end.

Sachin (N.A) 19 August 2017

Your wife is not entitled to get any maintenance becasuse she is working.

Sachin (N.A) 19 August 2017

She has mentioned your father income just to tell that you don't have any other liability except her.

amrit kumar (job) 19 August 2017

Thanks raveena mam nd sachin sir...can i also claim any maintenance from her under any sec of HMA or any othr section???

Siddharth Srivastava (Advocate) 19 August 2017

The income of your father has nothing to do with the calim of your wife claiming maintenance. While deciding the case of maintenance, the court consider the financial status and income of both the parties. Sidharth 9811776422

Adv Radhika Mehta (Advocate) 21 August 2017

Originally posted by : amrit kumar

I fillled sec 9..wife filled appliaction under sec 24 to get maintaince nd litigation expense..we both are in govt job..she earning 45k nd m earning 66 k ..

wht are the chaces that she will get maintenance.

Highly unlikely as she is having sufficient income for her support. Sec 24 is not for equaling the income of the wife and husband but for providing the wife or husband who do not have income sufficient for their support with maintenance

Also she written in application my father income 1lakh..does my father income also affecr the maintence amount.. Plz explain wht can happen in sec 24.

Your father's income cannot be taken into consideration in the present circumstances.

Adv Radhika Mehta (Advocate) 21 August 2017

Originally posted by : amrit kumar

Thanks raveena mam nd sachin sir...can i also claim any maintenance from her under any sec of HMA or any othr section???

Though Sec 24 also mentions the husband, the chances or cases of husband getting maintenance from the wife are very far and few in between. Mostly in cases of the husband suffering from physical disability. Not in the case of able-bodied individuals like yourself.