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You are here: Home » Maintenance HMA 24 Judgments » Mumbai family court denies maintenance under HMA 24 to MBA qualified HR professional wife

Mumbai family court denies maintenance under HMA 24 to MBA qualified HR professional wife

1 Jun 2015 By videv 8 Comments

It is getting more common that working women (even if prior to filing maintenance application) are getting their applications for maintenance dismissed by courts.  Below is a case where such maintenance application under Section 24 of Hindu Marriage Act (for maintenance pendente lite or interim maintenance) was denied.

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Don’t misuse law to claim alimony, Court tells woman

The woman in question was highly qualified, had pursued her MBA, and was working with a private firm as a human resource personnel.

In 2014, she approached the court seeking a permanent monthly alimony of Rs 25,000 and an equivalent amount of maintenance under Section 24 of the Hindu Marriage Act. The woman claimed that she was forced to leave her job.

Her argument was that since she was not working and was dependent on her parents and her brother, she was bound to get maintenance.

Her husband, who was an engineer, earning a monthly salary of Rs 25,000, opposed her claim. He claimed that the woman deserted him in 2012, filed for divorce in 2013 and approached the court for maintenance in 2014.

For two years, she sat idle, despite being highly qualified, and this was not acceptable, he said.

The court relied on a Madhya Pradesh high court judgment in 2000, which had pulled up a woman, who, in spite of being efficient enough, had sought maintenance.

The said Madhya Pradesh High court judgment of Mamta Jaiswal vs Rajesh Jaiswal should be made an anthem for denial of maintenance to parasitic wives.  Though it is quite commonly cited in various maintenance denied judgments under HMA 24, it’s use for denying maintenance in DV (Domestic Violence) or CrPC 125 cases is still rare.

READ:  Mumbai court denies maintenance to wife on grounds of adultery

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Filed Under: Maintenance HMA 24 Judgments

Comments

  1. aniket says

    February 13, 2018 at 9:43 pm

    https://jg.daman4men.in/doc/___Family-Court-Mumbai___Petition-No-A-3017______Dr.-Laxmi-P.-Rao.pdf got the case for above.

    Reply
  2. SANDEEP.R.CHOPRA@GMAIL.COM says

    August 7, 2015 at 3:30 pm

    Thank you vivek bhai.. For such a helpful judegments

    Reply
  3. aman says

    July 31, 2015 at 10:46 pm

    Please tell the case no./year. I want to getcertified copies.

    Reply
    • videv says

      August 1, 2015 at 7:11 am

      I just reported from the news. You can try searching on Mumbai courts’ website.

      Reply
    • SANDEEP.R.CHOPRA@GMAIL.COM says

      August 7, 2015 at 3:34 pm

      Please share the judgment if you get this . If I get it I will share it.

      Reply
    • Aadil P. says

      April 17, 2018 at 9:50 am

      Smt. Mamta Jaiswal vs Rajesh Jaiswal 2000(3) MPLJ 100

      Document – https://indiankanoon.org/doc/1728023/

      This judgement has been upheld by various courts including SC.
      Very little information above, just wanted to share whatever I could.

      Reply
  4. MOHMEDAAMIR A SAYEED says

    June 2, 2015 at 3:11 pm

    Hello,
    Myself and my parents are victim of False allegations case 498A.

    Thanks/Aamir

    Reply
  5. Bharath says

    June 2, 2015 at 12:01 am

    Awesome judgment.

    Reply

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