Maintenance in 24
Rakesh Malik
(Querist) 04 May 2014
This query is : Resolved
My salary is 13000 P.M. My wife is not working. She is MBA and earning 15000 PM before marriage. We have no child as marriage was not consummated. My wife has stayed 30 days in my house. My father is retired govt employee and my mother is also working. We have our own home and I have zero liability.
I mean to say that she is more qualified then me. I have graduate degree and she has masters degree.
I am in private job. As at any point if I loss my job, even then do i have to pay maintenance to my wife decided by the court?
ROHIT SHARMA
(Expert) 04 May 2014
Dear Mr. Rakesh Malik,
1. Well, if you have filed the divorce petition ( under what sections of H.M.A ? ) and if she is not gainfully employed then if she files an application u/s 24 of H.M.A. seeking interim maintenance then the court would call upon you to pay such maintenance despite the fact that she is more educationally qualified than you are.
2. Why should you think that you may loose your job ? even if you do still you would be required to pay the maintenance to her.
Devajyoti Barman
(Expert) 05 May 2014
1. If your wife is not working then whether you loose job or not you are not liable for maintenance.
2. Professional well qualified but unemployed wives in many case by various high courts are declared to be unfit for maintenance. Produce those decisions at the time of hearing.
Rajendra K Goyal
(Expert) 05 May 2014
You have to prove that your wife is earning enough to avoid payment of maintenance.
Engage a good lawyer dealing in family law and after his consultation gather proofs and evidences accordingly in your favor.
Dr J C Vashista
(Expert) 06 May 2014
Well advised by experts, I agree and appreciate.
T. Kalaiselvan, Advocate
(Expert) 07 May 2014
I go with the views expressed by many experts above, you may consult a local lawyer and proceed as per his advise.
V R SHROFF
(Expert) 07 May 2014
well advised. she have earning capacity, and educated. . no worry.
