Reg. maintenance in sec. 24.
ad
(Querist) 04 February 2015
This query is : Resolved
Sir, in sec. 24 of HMA filed by my wife in sec. 9 filed by her. Court has given decision that " It is contention of the nonÂapplicant that his sister is totally dependent on him and he has to spend money for her maintenance. According to nonÂapplicant himself his sister is major one and therefore, I am of the opinion that legally non applicant is not responsible for maintenance of his major sister.
Therefore, it can not be concluded in this proceeding that the responsibility of nonÂapplicant is to maintain his sister."
I submitted some fees receipt of my unemployeed, unmarried sister's as she is studying in college. Sir I want to know that whether this finding is right ? If there is any law reg. this pl. provide me.
Regards.
Devajyoti Barman
(Expert) 04 February 2015
This finding s wrong. However that does not mean that you have no liability towards your wife and hence while fixing quantum of maintenance your financial liability towards other dependents is also to be taken into account.
Guest
(Expert) 04 February 2015
Any personal opinion of the respondent has no relevance, as against the provisions of law, for arriving at the judgment by the court in the case.
P. Venu
(Expert) 05 February 2015
Are your parents alive? Are your "parents and sister" wholly dependent on you?
ad
(Querist) 05 February 2015
yes sir, my parents wholly dependent on me. and my sister is unmarried and unemployeed.
T. Kalaiselvan, Advocate
(Expert) 05 February 2015
If your father is unemployed and not able to maintain the family consisting his wife and his unmarried sisters, the burden to maintain the family falls on the shoulders of the son of the family thereby all the household members become dependent on him, therefore the court's decision that the major sister is excluded from the dependency of the respondent while calculating maintenance award amount is wrong notion by the court which may challenged in an appeal or revision.
prabhakar singh
(Expert) 05 February 2015
SECTION 24 HMA ONLY EMPOWERS COURT TO GRANT INTERIM MAINTENANCE TO EITHER HUSBAND OR WIFE HAVING NO MEANS OF MAINTENANCE.
IT DOES NOT DEFINE DEPENDENTS.
THAT YOU SHALL FIND IN SECTION 21 OF HINDU ADOPTIONS AND MAINTANACE ACT, 1956,AND SHALL COME TO KNOW THAT A SISTER, EVEN IF UNMARRIED, IS NOT DEPENDENT UPON HIS BROTHER.
BUT THERE IS A MORAL NEED TO DO SO.
LEGALLY IF THERE IS ESTATE OF YOUR FATHER THEN IT IS THAT UNDER LEGAL BURDEN TO SUPPORT HER BECAUSE HER FATHER,WHOSE DEPENDENT SHE IS, HAS NO MEANS TO SUPPORT EVEN HIMSELF.
