pun (eng) 06 May 2013
Hello Members,
Is it necessary to have no Independent source of income to claim maintenance u/s 24 of HMA? Wife has left her high salary job just to get the maintenance but it is proved in court that she is having heavy bank balance. But according to her lawyer she is not having regular income per month basis so is entitled to get maintenance.
Do you know any HC / SC judgement helping in such kind of scenario to deny the maintenance.
Thanks
rahul (director) 06 May 2013
she must haveing a regular interest income againt her heavy bank bal.
this will be considered income of wife
and on the other limb of argument is
she was working earlier... she is able bodies.. she cant incapasites herself to get maint,,
he application is false is needs to be dismised
stanley (Freedom) 06 May 2013
The interest accumulated from the fixed deposits can be termed as a regular source of her yearly income . As she is able bodied and if she has resigned of her own accord inference has to be drawn that she has done this just to claim maintance and hence the same has to be denied . If she has been terminated it is altogather a differnt scenerio .
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