Is maintenance allowed to wife us 24 hma if she has income

You have to highlight the fact that she left the matrimonial home without genuine reasons. If this is put before the court, maintenance may be denied to her provided you are ready to take her back. Court may allow maintenance if the court finds that what she is earning is not sufficient for her.

If you proove her income is sufficient to survive then no maintenance u/s 24

Dear Mr. Tyagi,

I agree with Dr. J Viswanath.  You have to prove through your own evidence hat your wife is earning sufficiently to take care of her needs and also that she voluntarily deserted her matrimonial home without any sufficient or justified reason and she had intentionally disassociated your company for the reasons best known to her, provided you plead that you are ready to take her back into the matrimonial fold if she chooses to return.  Advocate Kalaiselvan, Vellore; Ph:+919443441062

You are liable for ur kid and for wife depends on case by case. Duration of marriage, your income and her income.

If her income is sufficient, then no maintenance to her.

@ Author  

A lot of factors are taken into consideration before awarding maintanence and in india there are no hard and fast rules  . Take for instance your wife is earning while you are living togather under your shelter her needs were within her source of income . Normally once she has left the matrimonial house her needs would increase taking into consideration additional costs like rent ,her financial obligations ,disabilities etc  . Normally maintenance is based on the actuals needs of your wife and the actual ability you can pay to the other spouse.

1. Now wife will state in court or rather her crooked Counsel will state that her needs surpass her income hence it is insufficient and hence even though working she is unable to maintain her self .Hence the court would take into consideration these factors. 

2. Whats the income that you have submitted in court along with  your  liabilities is not being stated  since the court would take into consideration your liabilities .Normally if you have projected a high income to the court and it shows that you have the capacity and capability to pay her and hence she has projected to the court the point of her standard of living she has to maintain than there is a possibility of passing maintenance to even an earning wife  . 

3. Also you have stated that she has custody of the kid and hence would project their expenses for which you would have to pay although co-extensive .

Everything depends on a case to case basis for maintanence . 

Alternatively you can file for maintenance u/s HMA 24 provided you can prove that you dont have sufficient means and are not capable of working .

The basic criteria to decide maintenance falls under the following:

1. How much you earn?

2. How much your expenses?

3.How much your liabilities?

4. How much your wife earns?

5. How much her expenses?

6. How much her liabilities?

7. Duration of marriage?

8. Child under wedlock?

9. Whose custody the child is living?

10.What is the current social status of either of the spouses.

11. Judge is bIased or unbiased?

12. Are your a Fighter or simply ignorer?

Based of the above facts your maintenance will come on the floor.