Can husband get maintainence from his working wife

vijay (Querist) 06 April 2013 This query is : Resolved
Sir,
My wife is working with govt organisation and getting around 40,000/- salary p.m. my wife has booked me and my parents u/s 323/342/354/34 in false and fabricate cases.So My parents has debarred me from his property and relations by giving ad in the newspaper. I am only son of my parents. Earlier i used to work in my parents company. after debarding, i am not doing anything and surviving on some freelancing job from customers time to time and earning only 4 to 5000/- p.m. My last ITR was Rs. 2 lacs and also i am living in other flat of my parents.
My question can i get maintainence from my working wife u/s 24 of hindu marriage act. How much i can get.
please guide.

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Devajyoti Barman (Expert) 07 April 2013
Yes, you are very much eligible for maintenance u/s 24 of HMA.

Sudhir Kumar, Advocate (Expert) 07 April 2013
Law does not allow one to be benefitted by now folly. You have to prove that you are wrongly framed and not a genuinely discarded husband.

Nadeem Qureshi (Expert) 07 April 2013
Dear querist
Read section 24 of Hindu marriage act,

Guest (Expert) 07 April 2013
I endorse the views of S/Shri Devajyoti Barman and Nadeem Qureshi.

Raj Kumar Makkad (Expert) 07 April 2013
You are very much entitled to get maintenance under section 24 of HMA.

prabhakar singh (Expert) 07 April 2013
To seek interim maintenance under section 24
of HMA,there must be a pendency of some proceeding under HMA itself such as RCR or Divorce,etc.Also to invoke section 25 for permanent maintenance the same condition applies.

In my view no maintenance petition indepently lies by any spouse under
section 24 or section 25 of HMA.

And maintenance petition provided elsewhere,such as under Hindu adoption and maintenance Act or under 125 Cr.P.C. a husband can not initiate proceedings for his maintenance as the right to relief there vests only in Wife but not in Husband.

Hence unless you file a divorce(as circumstances developed so far does not speak for any RCR petition),you can not claim maintenance directly under section 24 of HMA.

On quantum front, the possibility of grant of 15k to 20k can be expected.

Raj Kumar Makkad (Expert) 07 April 2013
It is true that merely filing of HM petition under section 24 shall not work because this is clearly written even under this section that this can be moved only during the pendancy of any other petition under HMA. Suggestion to file petition under section 24 HMA ipso facto do not mean that the same is to be filed without fulfilling its requirement.

prabhakar singh (Expert) 07 April 2013
I have not confronted anybody.

I have just expressed what view I hold.

I think it is platform where everybody is expected to express independant view unless one agrees with a view
of the other already expressed where unnecessary repeat is not desired .

Raj Kumar Makkad (Expert) 07 April 2013
Respected Singh Sir! There is no issue of confrontation rather this is clarification from my side which should be taken as thus more clarification and not any reaction to your post.