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(Guest)

Interim maintenance?

Is interim maintenance is also 1/3 of the salary.

Or something else ?



Learning

 3 Replies

Nitish Banka (lawyer)     24 July 2012

Depends on circumstances

Like

1, 

No interim maintenance u/s 24 of HMA for earning wife ;

Husband’s salary irrelevant IF wife found to have sufficient means for self and proceedings

 

The ambit for grant of interim maintenance under Section 24 is, therefore, far narrower than the ambit under Section 25. It is the distinction between the two sections which is required to be understood for the Court to grant the maintenance amounts thereunder.

otherwise it is approx 1/3 of his salary subject to how many family members are dependent.

Ankit (MBBS, MS)     26 July 2012

Nitish, is there any statute or judgement which spells out the same?

I am also facing a similar problem. My wife has filed for maintenance against my petition for divorce. The Court has granted her a maintanance of 1 lakh per month. 

She is already staying in a house owned by me, and all the charges also are being paid by me. She is an MBBS graduate, and was practicing before the birth of our daughter. But now wants to live the rest of her life off my hard earned money.

I was told that I can not appeal this order as it is not a final order and only interlocutory. She clearly has means to earn money. 

 

What course of action, if any, is available to me?

Nitish Banka (lawyer)     27 July 2012

https://www.498a.org/forum/viewtopic.php?f=52&t=7817

 

This will hep you with the citations


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