Query

Originally posted by : Rishi
	I got an another query which is related to section 24 , the application has been filed by my wife. I want to know what am I suppose to proof in court so that I will not be entitled to pay her a single penny.

As told earlier and also agreed by you, you have to prove that your lovely wife is adultrous in nature, with evidence.

You don't need to pay maintenance if you prove that she is earning sufficiently.

@Helping Hand

I think, he will have to pay interim maintenance till the time he proves adultery.

Justice Dhingra Explains Section 24 Of The HMA – 2008

Justice Dhingra explains Section 24 of the HMA in a judgment. Section 24/HMA reads as follows:

“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 application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the Court to be reasonable””

Here is the excerpt:

5. From the perusal of Section 24, it is abundantly clear that the object and intent of this Section is to enable the husband or the wife, as the case may be, who has no independent source of income for his or her support and necessary expense of proceedings under the Act to obtain maintenance expenses pendent lite so that the proceedings may be continued without any hardships on his or her part. The benefits granted under this Section are only temporary in nature and there are other provisions of law where a wife, who is not able to maintain herself, can claim maintenance/permanent alimony from the husband e.g. Section 25 of HMA or under provisions of Hindu Adoption and Maintenance Act. The provisions of this Section are not meant for equivalising the income of wife with that of husband but are meant to see that where divorce or other proceedings are filed, either of the party should not suffer because of paucity of source of income and the Court should pass an order even during the pendency of such a petition, for maintenance and litigation expenses. Where a wife has no income or is without any support for maintaining herself, the Court has to pass an order considering the income and living status of the husband. However, where the wife and her husband both are earning and both are having good salary, merely because there is some salary difference, an order is not required to be passed under Section 24 of HMA.

So what is your actual query now Rishi?