Hma24
Querist :
Anonymous
(Querist) 07 September 2018
This query is : Resolved
1. My interim maintainence under crpc 125 has been granted..evidence for 125 is in progress..now I have started making payment to wife..my question is if i file divorce ..will my wife be able to claim maintainence again in hma 24.. can you please advise which is the maintaince is worst affected for men ..
2. my wife is well educated but is not earning .. my child is 1.5 years old.. can she use this excuse that as child is small 1.5 years she cannot earn..is this reasonable excuse or I can counter it..she is living with her parents..
Guest
(Expert) 07 September 2018
Maintenance cannot be avoided, if your wife is not able to make sufficient earning to maintain herself and her child. She cannot earn is the most reasonable excuse, if not telling a lie.
Vijay Raj Mahajan
(Expert) 08 September 2018
Wife may claim as many maintenance under different provisions available to her but she will be allowed one maintenance order to get whichever is more in quantum.
Child too can get order for maintenance from the father but that too is for one maintenance order to be executed for the child.
Your wife will claim maintenance u/s 24 HMA or not depend on the sensibility of her lawyer, how he advice her, how can anyone her predict it here in this expert forum.
