Here is another news of rejection of maintnenace demanded by wife the woman had a monthly salary of Rs 19,000, while husband had monthly pay of Rs 62,000. According to my reading of news it was maintenance demanded under HMA Section 24 during divorce proceedings. The petitioner had sought alimony of Rs 1 lakh per month from her estranged husband.
Excerpted from news story:
Dismissing the maintenance petition of a woman employed with a government school, Additional District Judge Rajender Kumar Shastri said the legal provisions are aimed at providing financial assistance to the indigent spouse, certainly not for enjoyment of an opulent lifestyle.
Taking into account the social changes where women are no longer dependent on their husbands or other family members, the court observed that before passing an order for maintenance, it was imperative to see that she had no independent sources of income, which could adequately maintain her and bear the cost of litigation.
“The provisions cannot be resorted by one of the litigating parties to enrich himself or herself at the cost of the other when they could not live together due to uncertain reasons. A husband or wife can claim maintenance under the said provision of the Hindu Marriage Act only if there is no independent income sufficient for support and necessary expenses of the proceedings,” noted ADJ Shastri.
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