Hma 24

 

If the wife has income of Rs14K per month, she will not be allowed any more maintenance u/s 24 HMA during pendency of the divorce proceedings, but if there is child with her whose maintenance is sought that may be allowed u/s 26 HMA from the husband/father.

The income of husband that he has on date is taken in consideration, if he states he is unemployed with no income, his last income will be taken in consideration so never make this mistake by stating you are unemployed without any income, that is the biggest mistake made by most husbands in such cases, being misguided by local lawyers.

Earning wife is not entitled to get maintenance.  

On what ground she is asking for maintenance? 

Well the wife is entitled for a livingt equal to that she was having during marital life. If her income is less than 1/3rd UR monthly income then she may be granted the difference to that extent.Unemployment is no excuse for denying maintenance.