Here is a shocking news:Husband to pay 60% of salary as maintenanceExcerpt :A city court has ordered a man to pay maintenance of more than half of his monthly salary to his wife after divorce.Manoj Rathi, who earns Rs 2,000 a month, was asked by Judge Vineeta Goyal to give his wife Rs 1,200 for the maintenance of their child after divorce on July 11.Ironically, the wife, Nalini, earns Rs 9,000 per month, which is almost five times her husband’s salary. Either the details are incorrect or it is miscarriage of justice. According to HMA 25 under which the judgment is done, either party husband or wife can claim maintenance from the other party after divorce.See here for more details on another case and clause 25 of HMA which gives maintenance / permanent alimony after … [Read more...] about Husband to pay 60% of salary as maintenance
Maintenance
Husband can get maintenance from wife
It is possible according to this case in Delhi: Woman to pay alimony to sick husbandNow in above case the application for alimony was made by wife and not husband. However based on merits of case the court decided that it was the ill husband who was without any means to support himself or take care of his illness, and so he was granted Rs 500 / month as alimony from wife.Is it legal? Yes it is! The Hindu Marriage Act (HMA) 1956 clause 24 says this for maintenace during divorce proceedings:24. Maintenance pendente lite and expenses of proceedings.- Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the … [Read more...] about Husband can get maintenance from wife
Bare Acts relating to maintenance
The following acts cover various acts to cover maintenance to wife/children under various civil and criminal sections:1. Hindu Marriage and Adoptions Act, 1956 (HAMA 1956)Read Sec 18-28 related to maintenance to wives and children: HAMA 19562. Hindu Marriage Act 1955 (HMA 1955)Read Sec 24-25 regarding maintenance pendente lite and permanent alimony: HMA 1955Also, Sec 26 covers for custody, maintenance, and education of minor children.3. CrPC 125 for maintenance for wife, children, parents.4. Muslim personal laws and CrPC 125 applicability are explained here: http://www.crisp-india.org/laws/59-maintenance-acts.html … [Read more...] about Bare Acts relating to maintenance
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