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. 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 …[Continue Reading]
Delhi HC judgment uses one-third of income as criterion to decide on maintenance in HMA 24
In this Delhi high court judgment to decide maintenance under Section 24 of Hindu Marriage Act, the judgment goes into assessing husband’s true versus based on income tax returns versus declared income. In the end, it refers to one-third of husband’s income as a reasonable figure for deciding on maintenance to be awarded. In other judgments, it is mentioned that there is no strict one-third formula which can be applied and it has to be on merits of each case. Full judgment text below: Sh. Sudhir Diwan vs Smt. Tripta Diwan And Anr. on 18 February, 2008 Equivalent citations: …[Continue Reading]
Delhi HC directs women to file affidavit of income, expenditure, assets, liabilities at time of filing divorce petition and HMA 24
According to this Oct 2014 judgment of Delhi HC, it is mandatory now in Delhi for anyone filing divorce petition and claiming interim maintenance under Section 24 of Hindu Marriage Act (HMA), to submit affidavit disclosing income, expenditure, assets, liabilities. Justice J R Midha who issued this judgment was also behind the 2011 judgment which gives format of affidavit of income, assets etc. in another HMA 24 case. http://indianexpress.com/article/cities/delhi/high-court-wants-divorce-cases-disposed-of-in-6-months/ Taking note of the undue delay in granting maintenance and alimony in divorce cases under the Hindu Marriage Act, the Delhi High Court has directed the lower courts to ensure that …[Continue Reading]
Affidavit format by both parties to be produced for HMA 24 interim maintenance–Delhi HC
The Delhi courts got so sick and tired of claims and counter-claims by couples in divorce (and other Hindu Marriage Act) proceedings regarding spouse’s and own income, that one day in 2011 Delhi High court came up with below judgment where it laid down the format of the affidavit with gory details of all income, assets and liabilities, number of dependents, educational qualifications, club memberships, credit cards, vehicles and movable properties etc, to be disclosed by both husband and wife. What’s the big deal? A detailed format makes it difficult to avoid things by omission, and lying on affidavit could …[Continue Reading]
Mumbai HC: Man may have to pay for wife’s education based on assurance!
http://www.dnaindia.com/mumbai/report_short-marriage-small-alimony_1336414 A wife of two and a half months wanted her separated husband to bear the expenses of her higher education in the US. The Bombay high court said no. The court refused to enhance the interim maintenance for the woman, a Pune-based dentist. At the same time, the high court rejected the request of her husband to reduce the monthly maintenance amount of Rs12,000. The husband, who works for IBM, lives in Boston. “The wife may not be entitled to claim interim maintenance based upon an arithmetical calculation alone,” justice Roshan Dalvi said. Tina and Nitin (names changed) got …[Continue Reading]
Mumbai court denies maintenance to wife on grounds of adultery
A recent judgment of a Mumbai lower court declined maintenance on grounds of her adultery.http://articles.timesofindia.indiatimes.com/2013-11-09/mumbai/43853807_1_husband-and-wife-estranged-husband-extra-marital-relationship MUMBAI: A local court on Friday rejected a 38-year-old South Mumbai woman’s plea for maintenance from her estranged husband after it found she was involved in an adulterous relationship. “The wife who engaged herself in (an) adulterous relationship with a man … cannot claim maintenance and cannot be allowed to take advantage of her own wrongdoings,” the court said while accepting the 40-year-old husband’s plea seeking divorce on grounds of cruelty and adultery. First thing to be noted is that court has also granted divorce …[Continue Reading]
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