Interim maintaince hma24
hemantha
(Querist) 18 June 2012
This query is : Resolved
my wife filed hma24 for interim maintenance in family court, her application stating that her earning of basics is Rs 7635 from govt of Karnataka as second division asst. Earlier her application for interim in dv dismissed in lower, session & high court of Karnataka under sec 12 of dv act and finally dv case also dismissed in lower and without any maintenance .
Now the question is dv interim & final maintenance is dismissed is she eligible to file under hma 24 even high court dismissed in dv
if yes, she is stating that her earnings is only Rs 7635 she is not mentioned her actual salary which includes her HRA 25%, DA 76.5%, cca, medical ..etc which comes more than 16000 to 20,000/month
recently govt of Karnataka revised state govt employees salary from 1st April 2012 onwards but their in her dept it is not yet implemented it will take time for 2 or three months.
secondly she is stating that she has to maintain her mother and sisters.
but mother is getting pension from govt of Karnataka where she is admitted fact her mother getting amount of 5000/month , with new revison payment not yet known.
lastly her sisters one elder married long a go in 1992 having two child residing with husband last sister also married and staying with her husbands.
but my sad story is different because of her influence my sister married life spoiled due to false 498a case presently iam taking of her and also her children including my mother due to they are totally dependent on me.
she is claiming that iam earning salary of 50,000/month but it is baseless. earlier in dv case she claim iam getting 25000/-month where i produced my salary certificate judge noted and given good judgement.
with regards.
totally false case file on me is 6 case totally 6 won but still i have to struggle to prove innocence great india .
Devajyoti Barman
(Expert) 18 June 2012
Yes, she is entitled to try her luck in another provision of law.
If you have proofs to disprove her claim then bring those to the notice of the court.
The earlier orders rejecting maintenance would be of much help to you in this proceeding as well.
ajay sethi
(Expert) 18 June 2012
you cna draw attention of family court to the fact that her earlier applications for maintenace under DV have been dismissed .
she is enttiled to make application under HMA . you can mention that you have dependent mother , sister .
further her calim that she has dependent sisters is false . also inform court that her mother is pensioner and not dependent as claimed .
Shonee Kapoor
(Expert) 19 June 2012
she can try her luck in as many provisions as she wants.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
