can an MBA wife claim maintenance u/s 24 HMA

If she is working and got independent income she cannot claim the maintenance.  she cannot claim maintenance in two proceedings.

yes can claim, you have the right to attack it.

her present income, property, educational background, behaviour with husband will be in consideration to decide the maintenance.

If she is working and got independent income she cannot claim the maintenance.  she cannot claim maintenance in two proceedings.

Just red this judgment:

https://www.lawyersclubindia.com/forum/very-Imp-Judgement-Maintenance-Related-25699.asp

yes she can claim even if mba able bodied and working and earning well too, whether she will be awarded maintenance is another issue. read mamta jaiswal citation.
 

Your wife can claim maintenance under section 24 / section 125 if she is not working and even if she is working and she does not have sufficient income to support her she will be granted a relief in this case. 

As far as running of two cases simutanously , Principles of res-judicata must apply so either of the proceedings must stop. If she succeed is CRPC125 you will be in trouble as the orders awarded under this section are forever. So focus on this and get your proceedings in crpc 125 stopped and then allow your wife to claim maintanence under section 24, this orders will be interim order and upon the settlement of divorce case you need not pay anything under section 24.

Regards.

Vivek

If your wife has filed for maint under sec 24 hma as well as crc125.....................you should thank her!!!!!!

The reason....at least it is saving your time as both are running parallelly!!!

Suppose....................... had she filed crpc125 after adjudication of case under hma...you would have to again start the mental agony ....

Do not worry.................................the moment she gets maint under sec 24...she automatically gets disqualified by very provisions in crpc125......because she no longer can claim she is still  "unable to maintain herself" because as you would have then started to pay her maint vide sec 24 and she would be able to maintain herself  using the same money given vide sec 24!!!!......and hence no new case is made out in the then prevailing situation!!!!

double maint .....no way!!!............law is not devised for a charity to women!!!

Concentrate on her qualification and prove that she is capable to earn as she is mba....It would solve many other tasks.

Ex-parte RCR decrees has been set aside previously.......Its not big thing.....You will unnecessarily easte your time if you try to challenge it.

It's actually really funny to hear...... ex-parte RCR ...on top of it...it's execution....How???...Don't even expect to achieve on record "a non-compiiance to execution of ex-parte RCR".............. that too...against a woman without hearing her side.....................oops!!!!".................it's a crual joke...

Yes, wife can file a maintenance u/s 24 H M Act . Yes she can file maintenance in both provisions i.e. u/s 24 H M Act & 125 Cr.P.C. but she will get maintenance under any one of the two provisions. 

Hi,

Eligibility for maintenance is as to whether she is able to maintain herself irresepective of her qualification.  Claiming maintenance in two proceedings would be taken care by teh court if such is brought to the ntoice.  othewise there is possibility of awarding maintenance in two proceedings.  

@jamai of law......hi, i just happened to read your post, i wanted to know, i have a similiar case, where she filed 125 interim and final and now, HMA 24 in same court, now, if HMA 24 is completed first, then as per your opinion, sec 125 case is defeated, but since, hma 24 is temporary, will the 125 permanent payment come into effect only after the divorce litigation ends?