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Final Maintenance

Querist : Anonymous (Querist) 21 October 2010 This query is : Resolved 
Hi,

I have read that Permanent alimony can't be denied even if Interim Maintenance is denied. In my case HMA 24 was denied. I need few judgments where final alimony was also denied as i don't have any assets moreover she is earning more than me.

Please advise.
Adv Archana Deshmukh (Expert) 21 October 2010
Its not that parmanant alimony cannot be denied. If your wife is earning more than you then, you won't be required to give her maintainance, prove that she is earning more than you.
Kirti Kar Tripathi (Expert) 21 October 2010
agree with archana
Devajyoti Barman (Expert) 22 October 2010
Both issues are different and it depends upon the degree of proof. The employment of the wife is generally considered to be a restraint for maintenance of the wife.
G. ARAVINTHAN (Expert) 22 October 2010
Even wife is employed, for maintenance,some other factors need to be considered.

1) Her Dependants
2) Children education and other things.
Khaleel Ahmed Mohammed (Expert) 23 October 2010
I agree with Adv Archana.
s.subramanian (Expert) 24 October 2010
Adv Archana is right.
Querist : Anonymous (Querist) 26 October 2010
Thank you all the experts. May i please have some citations to help my lawyer with this. According to me, everyone should work closely with their respective lawyers.

In my case we don't have children. I filed the divorce petition on the grounds of cruelty. I have completed my MBA after separation. She is not even a graduate still earning more than me.

Kindly advise.


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