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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     21 July 2018

Depends upon facts and circumstances of each case there is no hard and fast rule.

Vijay Raj Mahajan (Advocate)     22 July 2018

Your question itself is wrongly worded, it should be qualified wife not eligible for maintenance. Anyhow to some extend you're right but for application u/s 24 of HMA the Family Court decide on the basis of present situation and financial condition of both parties. The wife who has taken professional degree may be unemployed and without sufficient means to maintain herself while living separately from the husband and away from the matrimonial home, in this situation to avoid the destitute condition of the wife if the husband having sufficient means can be ordered to provide interim maintenance to the wife till pendency of the main suit filled under the HMA. As its for short period the earning capacity and qualifications of wife may not be given much weightage by the court and allow very nominal amount of maintenance and litigation fee for the wife u/s24 HMA.

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