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Pavitra Prabhakar (MBA)     30 April 2013

Maintenance for the wife and the child

Is there any scales for fixing the interim maitenanace under HM24 for wife and the child

in my case wife and myself both are working in same government organistation at the same positions and earning equally.

As her posting is in her hometown( before marriage) she is staying with her parents due to unknown reasons she filed bogus 498a and HM 24.

in maitenance case she demanded Rs 5000 per month for her and child's maintenance , and   lower court orderd me to pay Rs 6000 one time maintenace for her and the child.

I appealed at the sessions court saying that wife is economically independent she can't be entitled for maintenance but sessions court orderd me to pay Rs. 4000 per month for the maintenance  of the child's School fee , uniform , books , bags, etc.

but the child is 2 and half years old and is not attending any school.

wife is just using all loopholes in system to harass me .

SUGGEST WHAT CAN I DO NOW?



Learning

 3 Replies

Never Give Up (Fighter)     30 April 2013

There are judgement which says , Child's maintenance has to be contributed by both parents if they both are working.

You could have used these judgement while applying to sessions court.

1 Like

Pavitra Prabhakar (MBA)     30 April 2013

Thanks never give up , can you provide any such judgementsit will be a great help.

Pavitra Prabhakar (MBA)     30 April 2013

https://www.lawyersclubindia.com/forum/Child-support-Interim-Maint-Sec24-fatal-to-win-Divorce--30630.asp#.UX_qv0r3F85

 
SUPREME COURT OF INDIA
Equivalent citations: AIR 2000 SC 1398, I (2000) DMC 621, 2000 II OLR SC 85
Bench: D Wadhwa, M Shah

Padmja Sharma vs Ratan Lal Sharma on 28/3/2000

JUDGMENT

10. Maintenance has not been defined in the Act or between the parents whose duty it is to maintain the children. Hindu Marriage Act, 1955, Hindu Minority and Guardanship Act, 1956, Hindu Adoptions and Maintenance Act, 1956 and Hindu Succession Act, 1956 constitute a law in a coded form for the Hindus. Unless there is anything repugnant to the context definition of a particular word could be lifted from any of the four Acts constituting the law to interpret a certain provision. All these Acts are to be read in conjunction with one another and interpreted accordingly. We can, therefore go to Hindu Adoptions and Maintenance Act, 1956 (for short the 'Maintenance Act') to understand the meaning of the 'maintenance'. In Clause (b) of Section 3 of this Act "maintenance includes (i) in all cases, provisions for food, clothing residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage." and under Clause (c) "minor means a person who has not completed his or her age of eighteen years," Under Section 18 of Maintenance Act a Hindu wife shall be entitled to be maintained by her husband during her life time. This is of course subject to certain conditions with which we are not concerned. Section 20^2 provides for maintenance of children and aged parents. Under this Section a Hindu is bound, during his or her life time, to maintain his or her children. A minor child so long as he is minor can claim maintenance from his or her father or mother. Section 20 is, therefore, to be contrasted with Section 18. Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother. It is not the law that how affluent mother may be it is the obligation only of the father to maintain the minor.

11. In the present case both the parents are employed. If we refer to the first application filed under Section 26 of the Act by the wife she mentioned that she is getting a salary of Rs. 3,100/- per month and husband is getting a salary of Rs. 5.850/- per month. She is therefore, also obliged to contribute in the maintenance of the children. Salaries of both the parents have since increased with the course of time. We believe that in the same proportion, may be perhaps in the case of an employee of Reserve Bank of India at somewhat higher rate. If we take approximate salary of husband is twice as much as that of the wife, they are bound to contribute for maintenance of their children in that proportion. Family Court has already fixed a sum of Rs. 250/- per month for each of the child under Section 125 of the Code. That amount we need not touch.

thanks all.

D.P. Wadhwa, J.


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