Can the wife is eligible for maintenance?
V.Raghavan
(Querist) 08 August 2008
This query is : Resolved
In a matrimonial case(13(1 i-a) H.M. Act. the husband files a dissolution petition on the ground of mental cruelty by the wife and the wife files maintenance case separate;y. In the Dissolution case the wife files an interim application for the interim alimony. In fact the husband is not a permanent job where as the wife possesses property worth of 3 crors and having regular rental income from her properties. But she says she could not maintain her and hence maintenance and interim alimony petitions. Now what are all the ways to avaoid maintenance and interim alimony? Pl suggest. In the interim alimonsy husband side (my side) counter is due by next week.
Srinivas.B.S.S.T
(Expert) 08 August 2008
Yes a wife is entitled for interim maintenance as well as legal expenses also. If you can prove that she is having sufficient means to maintain herself you can escape from the liability of paying maintenance. Collects the proofs about her income and file them along with your counter. All the best to you.
V.Raghavan
(Querist) 08 August 2008
Thanks Mr.Srinivas, I have collected the details of the properties of the wife so as to escape from the burder of maintenance to the husband. Still peopel say the wife is any how entitle for the maintenance. How?
anantha krishna n.v. Advocate
(Expert) 08 August 2008
If wife is getting better income than husband, let your client file a maintenance petition agaisnt his wife. I am pretty serious in this advise.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, ananthcourt@rediffmail.com, 9246531895)
V.Raghavan
(Querist) 08 August 2008
Dear Mr.Anantha Krishna, here husband files petition for divorce and he doesnt want life with her or her money. Hus band doesnot require any money at this case . All he want is divorce. It is the wife wtih the intention to harrass the husband files maintenance petitions
kumar sachin
(Expert) 09 August 2008
srinivas bhai has rightly advised u
K.C.Suresh
(Expert) 09 August 2008
Dear Raghav, Your case is a case with factual issues. You as lawyer advise your client to collect the income side of the wife and husband. Place it before the court. You will get a favourable order, depends on the majistrate.
V.Raghavan
(Querist) 09 August 2008
Thanks to Mr.K.C. Suresh, Mr.Kumar Schin, Mr.Anantha Krishna and Mr.Srinivas for your valuable suggestions. Just by taking all your suggestions, views and advices it has become easy to hand the case now. The sharing of views infact reduces the mental tension also. Thanks once again for every body
Srinivas.B.S.S.T
(Expert) 09 August 2008
I am very pleased to know that my advise helped you. Feel free to share your doubts. You can even contact me at s_bsst@yahoo.com or call me at 94401-20259
V.Raghavan
(Querist) 09 August 2008
Thanks Mr.Srinivas for your good heart and i will definitely get in touch with you whenever i need your help and i would request you also to feel free to ask me for any such help.
arunprakaash.m.
(Expert) 09 August 2008
If your wife has sufficient income then you can verify those claims to prove that she is more affuluent than you. You can also claim maintenance from her.
V.Raghavan
(Querist) 09 August 2008
Dear Mr.Arunprakash, when i am filing for the dissolution how can i insist for my wife to pay me maintenance?
ESTHERPRIYA
(Expert) 09 August 2008
Sir the alimony has to be paid by the husband if it is shown before the judge that the income of her is not sufficient and till she has a crores of property with her she could not sit and eat the property. Thus their claim is that as you got marriage, you should be liable to pay her as she asked for. If you can establish that she has a huge monthly income till now if that is not supported by her then the order may go against you. Thus to avoid this maintenance issue you can very well make a full and final settlment of an amount and get relieved of it. It is better to look for the outcome of the judge decision and then take appropriate steps you can very well adivse that it depends upon the intention and satisfaction of the judge
Srinivas.B.S.S.T
(Expert) 09 August 2008
Madam/Sir, Padmapriya, sorry to say that i do differ with you. In a maintenance case all the respondent has to prove that the petitioner (wife by large) has SUFFICIENT MEANS OF INCOME thats all not that she has crores of money or huge monthly income. Correct me if I am wrong.
V.Raghavan
(Querist) 11 August 2008
I submit my humble thanks to Madam Padmapriya and Mr.Srinivas for their views. Still i am not clear when she possessing enormous wealth and iincome she files only mainteance and interim alimony rather than restitution while the husband is maintaining the dissolution petition. It clearly indicates that she is harrassing the husband legally to put hims under pressure by litigation and her intention is to giving cruelty than taking steps to restore her life. Considering this point i expect your views please
Srinivas.B.S.S.T
(Expert) 13 August 2008
Yes Mr. Raghavan it is nothing but vexatious litigation to harass the other party. If you can prove that she is having ample source of income, then lets for the starters file a interim petition in the dissolution Petition filed by you, under Section 24 of HM Act for maintenance pendentilite and legal expenses. This section empowers even husband also to claim maintenance from a well to do wife. Regards
