For newbies of maintenance

Originally posted by : shriks
	good eye opener for husbands who are treated as ATM machines.... thanks boss......keep us updating...

okay..:)

if husband is jobless and IA has been awarded but he is not able to pay and not well. Can he ask maintance from his wife and from which section, bcz 125 crpc not allowed this 

Originally posted by : Sun Roy
	if husband is jobless and IA has been awarded but he is not able to pay and not well. Can he ask maintance from his wife and from which section, bcz 125 crpc not allowed this

If you want wife to pay  money to you, then you should have married a woman who has govt job.

Even if you have a wife who has private job, you will have to get details of salary, employmnet of your wife and show it in the court.  Most of the cases, if your provide details, court will issue summons at workplace of wife.

Forget section, just prove that your wife is working and show her income certificate, banck passbook etc.  Judge will order her to pay maintenance, that too after looking at the case.

If wife is not working and has no job at all, then when husband is not able to pay and not doing well [healthwise] he should submit to court health certificate from government doctor that you are not doing well and will not be able to pay alimony.

Now the judge can take you into judicial custody and send you to prison, the expenses of food etc at jail will have to be borne by your wife!

In Sec 24 HMA, man can ask for maint from wife

If the child is with husband, wife is earning much, he may ask for child maint too, making child as 1st applicant

Q:  Divorce petition withdrawn due to technical reason, and fresh petition is filed.

What will happen to the money[alimony] paid to the wife in first petition?  Can that amount be recovered?  Can that amount be adjusted to alimony awarded in fresh petition?

Agitate in front of the judge that Alimony has been paid in the earlier divorce petition but has been withdrawn due technical reasons . Hence ask the court for the same to be paid back along with 12 % interest similirarly just as  opposite counsel agitates when it comes to recovery of maintanence arrears . 

Next when fresh petition is filed seek for adjustment of alimoney which should be included  with interest to be adjusted at 10 % or 12 % .

Originally posted by : stanley
	Agitate in front of the judge that Alimony has been paid in the earlier divorce petition but has been withdrawn due technical reasons . Hence ask the court for the same to be paid back along with 12 % interest similirarly just as  opposite counsel agitates when it comes to recovery of maintanence arrears .  Next when fresh petition is filed seek for adjustment of alimoney which should be included  with interest to be adjusted at 10 % or 12 % .

I hope one could do that, and they'd just agree to what we [husbands] ask!

Regarding how much money you have to pay as maintenance under 125 it is normally 1/3rd of the salary is considered as the proper amount for grant of maintenance allowance.