First you should thank the farsighted lawmakers of yore who made the Section 24 (maintenance during litigation) and Section 25 (maintenance or permanent alimony after divorce) of HMA (Hindu Marriage Act, 1955) gender neutral. What that means is that anyone of the needy parties can claim maintenance from the other. Now read the news below and get inspired to change the world, one step at a time. http://www.deccanchronicle.com/chennai/man-wants-rs-25-lakh-ex-wife-448 Chennai Nov. 21: In an unusual case, a 43-year-old civil engineer has approached the family courts here seeking alimony Rs 25 lakh from his ex-wife, an assistant professor at a reputed university, whom he had divorced a year ago. In his petition, Mr Kalaiselvan, claimed that he had lost his lucrative job in Kuwait … [Read more...] about How to claim maintenance from wife?
Thrown out spouse can get divorce based on desertion under Hindu marriage act
Below Mumbai HC judgment explains the concept of constructive desertion on part of a spouse which can enable other spouse to get divorce on grounds of desertion as defined under Hindu marriage act (HMA) 1955.What constructive desertion in this case means is that if one spouse throws the other out of house, then the other spouse can get divorce on grounds of desertion by first spouse. Now, even though on the face of it, it seems as if second spouse was the one who has deserted the first. Easy to understand? This one is suited for legal minds! Below the full judgment:------------------------------------------------------------IN THE HIGH COURT OF JUDICATURE AT BOMBAYAPPELLATE SIDEFAMILY COURT APPEAL NO.204 OF 2007Mrs. X : AppellantVs.Mr. Y : Respondent...Mr. M. P. … [Read more...] about Thrown out spouse can get divorce based on desertion under Hindu marriage act
Wife denied maintenance under CrPC 125 since she had income earlier
In this case from West Bengal, wife was denied maintenance under CrPC 125 since she had good income earlier and could not give any reasons why she was unable to maintain herself now. Maintenance was denied and court also mentioned the principle of "clean hands" with which party seeking relief has to approach the court. PDF of judgment at link below: rajesh-motwani-maintenance-denied-crpc-125 Main excerpt from judgment is given below: It is a settled principle of law that a party seeking relief must come before the court in clean hands. The petnr could have stated that she earlier had the source of income but in present there is no such source available to her and stated the reasons for decline in her income. But the petnr has failed to impress upon the Court as to the … [Read more...] about Wife denied maintenance under CrPC 125 since she had income earlier
Judgment Delhi court:No maintenance to qualified wife under 24 HMA
This 2007 judgment of Delhi court had denied maintenance to wife under Section 24 of Hindu Marriage Act (HMA). Basically she failed to disclose her own qualifications and that could be construed as coming with "unclean hands" in front of court. As of now, Delhi has a mandatory disclosure of income/expense/asset/liabilities affidavit for all cases filed in family court. Important grounds on which maintenance was rejected: In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not … [Read more...] about Judgment Delhi court:No maintenance to qualified wife under 24 HMA