Maintenance

wife can file petition U/S 24  for alimony but threre is no provision that a husband can file same against his wife. If you have filed so it is bad in law.

 

Hi Bhrigu Datta,

Thanks for the reply but please see my question. I am husband and my wife only filed petition under hma24. The order was passed without any cross. So i want to know

1. Is it possible to give an order only with petition and the counter? If yes under what provision?

2. Can I request for proper enquiry on the maintenance petition/counter on the same court? Or i have to only go for appeal in high court?

1. Yes, the court is competent to pass orders on the application u/s 24 HMA and grant maintenance and litigation expenses to the applicant (whether wife or husband). To know the provisions read law books and/or attend tutotial classes.

2. File appeal before High Court if the order has been passed by Family Court. The court which passed the order has no powers to revise, modify or set aside.

Nothing more to add apart from the suggestions of the above experts.Hope the querist has got his answer.Now he can rely on his local lawyer,who will be the person incharge to act in a wise manner and do justice to his client.

Dear Mr. Kumar, you can fight by filing FCA in High Court if you aggrieved by the order of Hon'ble Family Court. There are chances to get some relief. 

Dr. JC Vashista ji, "To know the provisions read law books and/or attend tutotial classes"

Every client to know the provisions he or she needs to read law books or attend tutorial classes, then why Lawyers? Why lawyers perusing Law? 

If you know, pls. give proper and responsible answer Solicitor ji. 

 

 

yes the court can grant the maintenance but actually the court has to consider some points

1) status of both the parties like standard of living

2) both the parties are woring are or not

3) educational background like some other points

yes you can approach the session or high court for set a side petition

one more thing I have read so many orders given by various court if the wife is well educated no maintenance you can search in indiankanoon.org you can get the order copy also if not mail me to my id slsridher388@gmail.com

Mr. Suresh,

U are replying to  one of the senior most advocates and U should be aware of the language U R using,it is highly defamatory.What is UR  to status to tread into this query .U R not a lawyer  as UR profile suggests.Yes,without reading law books U have no business to advice the querists.It is just like a layman operating a patient in the absence of a doctor.

Hence better hold UR language while replying to the expert lawyers.In another query also I have warned U regarding tresspassing into the query with unrelated replies.I demand an apology from U to Dr.Vasistha immediately, as it amounts to abusing the experts.

The basis of the claim for maintenance is that the claimant has no independent income to support herself and the Court has to take into consideration the income of both the parties. It is common knowledge that in maintenance cases parties rarely disclose their true income. The applicant is not generally aware of or is not in possession of documents from which the income of respondent can be ascertained. Such documents are accessible to the respondent only.

Dear Mr. Sainath Ji,

First of all, I have not used the language, which is highly defamatory. Second  thing, I am a law student. Third thing, I have much knolwdge in family court law by working with a senior solicitor. Fourth, I am not criticising or abusing the experts like Dr. J. C. Vashista, which is not at all my intention and attitude. I respect Law and Lawyers, who want to become a good lawyer. I request you to please do not think in negative and you do not have any right to warn me. And again I request the respected lawyers to give useful and responsible suggestions to the needy in this interactive platform for lawers and indian public. Have a good day. 

AT the outset U are a law student,with a minimal knowledge as compared to the senior experts here.U have admitted that U are working under seniiors,that a good gesture.If U contradict UR senior in the same way U will be driven out immediately.That's a fact u have to digest.Every expert here takes out his valuable time to respond to the needy querists,free of cost.If they devote the same time in their profession they would be richer by a few lakhs.Hence respecting the legal experts who give valuableadvice and suggestions has to be inculcated both by the querists and the members responding.

First of all thanks for all the experts for their replies.

I searched internet and getting really mixed opinions on the points down. Please tell me which is more correct.

1) in the maintenance case, the burden of proof lises petitioner or respondent?

2) hma24 is for fullfil the basic needs of petitioner or to have the same life style as respondent presently having or to maintain the same life style enjoyed when last living with respondent

please help!

1. in the maintenance case, the burden of proof Lies petitioner or respondent?

 

Petition / Wife.

 

1. hma24 is for fulfil the basic needs of petitioner or to have the same life style as respondent presently having or to maintain the same life style enjoyed when last.

 

The life style of the Petitioner/Respondent are considered in permanent alimony (Sec. 25 Hma). Not in the 24 HMA. This is only maintenance pendent lite.

 

 

If you don’t pay these and any arear related to these then your main divorce case will remain stayed. No execution happens. So be cool let it be stayed.

 

Or

 

you can withdraw the main divorce petition any time since it is compoundable. Then 24 HMA will be null and void.

 

Look for a good unmarried girl and start live-in relationship which is legal in India intend of going into these harassments as these one sided laws has been wrongly framed by keeping pre-convicted notion of view.

 

The outcome of these laws = Panic + Harassment.  

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1