Maintenance under dv act or hma

If a wife has sufficient means to maintain herself then no court shall provide maintenance to her,however, if her income/sources are comparitively lessor than her husband then also she may get appropriate maintenance from her husband.

 

She may also get maintenance under HMA and Dv Act.

If wife has got sufficient independent income then she is not entittle to get mainteannce. IN one of the cases she can claim maintenance. To prove his case she has to prove that she has been willfully neglected by the husband.

Dear Sir,

 

If wife is earning around Rs.25,000 per month as a salary and having interest income of around 15,000 per month from the alimoney taken in first divorce and is willingly staying with her parents for last 2 years despite the repeated requests by the husband and husband is having net take home salary of Rs.80,000/- and has one school going child and also old aged bad ridden mother then can she claim share in salary.

Presently there is no case / complaint is pending anywhere by any party.

Boy fears that if he files RCR / Divorce  they may file false cases of DV or 498A etc. and take maintenance just to harass him and linger on the issue.

 

Please suggest.

 

tx and regards

@ Author

1. Tell husband to keep quite if he self-forecasts harassment / retaliations / counters whatever.....

2. Enjoy in-hand 80 K till not challenged by wife since maint. is "no ABSOLUTE RIGHTS of a metro wife".

3. Look after best interest of child by well maintaining the child with LIC + Health Insurance + Sports memberships + extra curricular activities and keep safe all those receipts.


4. Encourage ailing mother to file S. 125 CrPC against her son to create on record material liability for that green day when wife wakes up to see finality of such silent relationships in hand either by filing maint. suit and or with IPC / CrPC suit(s). Husband cannot stop filing part.  


Let husband and or wife get grey hair as per last brief as one is silent and the other is afraid to stir the nest so nothing can be advised based on last brief how to see end to such relationships anyhow when child with father and wife silent so it is only husband cum father’s call what to see as finality and it will be there one day or the other till her nest is not stirred so silence is the best social approach.


The first brief is already well advised so nothing more to add other than she has options for 4 simultaneous moves and filing these 4 maint. cases against a husband no court can stop her – S. 18 HAMA + S. 24 HMA (stand alone application before a Family Court now-a-days and does not require any activity by either party to have previously filed S. 9 till S. 13 HMA application) + S. 125 CrPC + DV maint. read with compensation further read with alternate residence in lieu of shared residence.


Only relief once filed these 4 cases simultaneously is that a Civil Court granted  maint. award will be adjusted with any other Courts granted maint. award so once filed speed up Civil maint. part is the only hint cometh out of your two briefs. 

Dear Tajobsindia Ji,

 

The brief details have been given.Husband wants that her wife either be back or give divorce.Wife and her parents are syaing that let the boy start litigation then they will respond.

Boy was widowere and girl was divorcee at the time of their second marriage.

Boy is frustrated as he is facing problem in taking care of child and mother and needs lady for the care.

She is also having one child and the same is with her at the moment.

Please advise if boy files any case how much maintenance willhave to be given to wife and how much time will it take to get divorce.

Tx and regards 

 

Considering husband's income of 80K & wife's income of 40k,no maintenance will be awarded to her.

Divorce on cruelty grounds may take 2-3 years,better try for mutual divorce. 

@ Author

Your recent facts are more or less like https://www.youtube.com/watch?v=pXu8slfJK0w

 

Above stark lyrics besides the point how can two unwilling spouse be joined if love and or trust is lost between them?  Not possible.

 

Add two dicey individuals past we see in these three briefs before us so only divine grace may sail one day both spouses till that time keep quite.  

 

Cut all above social gossips and coming to point without having iota of hint of age of the child with her I see NONE maint. being awarded if people like me would have been the striker and even some largesse to be awarded it shall not cross 3 K that also dependent upon city price index read with the earlier hint of boy's mother filing S. 125 CrPC I suggested in the absence of any hint on liabilities creation by boy till after three replies here from boy's side !!!.

 

80 K ÷ 2 = 40 K is for you

Now out of which 2 peoples to be looked after a minor and a medical needs based mother. Here no idea of the age of boy's child so can’t do much guess but looking at boy's past hints I suppose 10 K for child expenses of boy's and club this with no idea of your mother’s illness so take 20 K towards bed ridden medical need mother so what remains is 10 K in hand with boy. Against which no further liabilities shown as per above three briefs so that is suspended inference we draw for any further inference award out of boy's pocket J

 

25 K + 15 K  ÷ 2 = 20 K is for her
Now out of which 1 person to be looked after. Here no idea of the age of the child she has so cann’t guess but say let us give benefit of doubt similar to boy's facts so there goes 10 k for child maint. which she has so what remains is balance 10 K in hand with her.  Against which no further liabilities shown as per above three briefs so that is suspended inference we draw for any further need income to be given to wife out of boy's pocket J

 

 

If any case comes on floor more the hydraulic power of metro wife exhibited she will still not touch bar of 5 K is our view, but then each facts are different when award pops so let us keep ourself assured with above reasonings till that time.

 

 

But what surprises us in this query is that the boy is more worried of maint. not his second freedom!!!!! Well that I call class act so no more comments I may come with. let other experts pool in their best shots.


Divine solution to boy’s problem:  Find now a third women and keep her at boy's home without performing any ritualistic marriage and get the task of looking after biy's child at boy's home and boy's ailing mother taken care of. Till any case filed and or finally get decided out of present flick of luck mess never ever marry this women or produce any child out of her. The time the boy takes care of this much prime safety no law of the land can touch the boy till any case filed and or finality comes for present seperation mess. No adultry no bigamy no mental torture no mental cruelty cases inference can be plead even under DV and or core HMA The Act. Today the urban lifestyle has created many poor yet eligiable ladies availabilities for such economics of arrangements, only thing the boy should do is to look into right directions. I challenge any expert read with time pass writer(s) to come with their alternate views to this urban monster solution J


PS: All you / husband gets mentioned in this reply is/are generic and not meant to be for you as author to this post. Happy !

She can get maintenance in two acts, if she is unable to maintain herself.

 

Also, though it is generally offset against each other, but not always.

 

As for her earnings, if the income difference is not too high, she would not get any maintenance.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

(1)if husband and wife both are earning sufficiently ,just a income differance is not a ground for wife to seek maintainance........by justice dhingra.                                                                                                                                (2) multiple maintaince is not allowed to wife.........by justice dhingra-delhi high court.regards