Maintenance amount

YES YOU CAN APPLY TO THE COURT FOR THE AMENDMENT IN THE MAINTENANCE ACCORDING TO YOUR INCOME.

resign from job and ask maintenance from wife.

all are equal in front of law.

@ Author


1. When the situation comes then file "change in circumstances" Application on first available opportunity. Right now based on your present disclosure the Court has set the amount of maint. for your wife which is based on your “present income” after seeing your liabilities in hand as on material record and as mentioned in your brief.


2. If your employer "terminates" your job and same is brought to notice of Court on first opportunity along with filing "change in circumstances" Application then Court takes a different view. Further post termination and or post resignation and under joblessness if you become student status then again under “change in circumstances” application same to be brought to notice of Court and then Court takes a different view. However 'resigning" from job and filing under such advise is not advisable as "capacity to earn" is already there on material records of the Court.


3. A Hindu Husband can seek maint. from his wife under Hindu laws i.e. under S. 24 HMA / S. 25 HMA only which are gender neutral codified Acts and we are not sure under which maint. Act / Code the brief stated maint. was awarded. Further under S. 125 CrPC a husband can't seek maint. from his wife. The advise given by time pass female member among us in a very casual fashion is wrong and to be ignored in toto.

for future U cant apply right now.U can apply for reducing the amt of maintenance on logical reasons.

"The advise given by time pass female member among us in a very casual fashion is wrong and to be ignored in toto."

There are three sides to any argument: your side, my side and the right side .

you are the free timepass anti-professional person.Antirainbow glasses.

The advice given by Tajobsindia is very correct

I have a query...

My wife was awarded interim relief u/s 23 of the PWDVA. At that time i was working.

later on I was not able to concentrate due to the cases and was asked to resign by my company.

They have put a clause in my relieving letter ..that I cannot work in a company manufacturing products manufactured and sold by the company..for a period of 24 months...

Because of  the above clause, and because my field is very very specialized...i am not getting another job...

Now, if I file changed circumstances u/s 25(2) of the DV act..will the order be changed...

Please throw some light..

DF

1. Does your wife has two legs + two hands + can walk + can eat + can sit and is a adult person !. If yes then file first S. 24 HMA which is a standalone application under FCA, 1984 seeking maint. from her expressly only for next 2 years statting you can't get any other job other than what you have been trained for other than begging on streets.  Mention in your aforesaid application under one of the prayer(s) that "the just  considerate amount of maint. this court grants to me for my basic needs half of it I voluntary like to give under proceedings under Bharat Ratna DV act to my wife hence kindly dispose of this application on merit today itself thus prayed accordingly".

Take a certified cpy of your application on urgent demand from certifyign agency.

2. File a Form 9 under O 12 / R 3 CPC in Bharat Ratna DV Act proceedings annexing original Resignation Acceptance Letter with rider clause from employer. Annex certified copy of the S. 24 HMA application too. Under Bharat Ratna DV Act CPC is applicable in case your lawyer does not know this. You this application to admit will get admitted and after showing (verifyiing by her side) original be returned to you. Now file xerox copy of aforesaid letter and certified copy of S. 24 Application with affidavit stating "change of circumstances" and pray before magistrate / mahila court to suspend all maint. award for nearly 2 years or send me to jail as I show my inability to seek any job due to rider by my ex employer and or give direction to my ex employer to remove this rider from their issued acceptance of resignation so that I can work in competent field of my profession.

Here is where the real test of pushing a magistrate servicing Bharat Ratna DVA suit into a "box" begins. Do you and or your lawyer has this much resolve to do as I advise?


Let us see what order s/he can ever pass once you follow these instructions! anyhow you will never be a looser than what you are today with that aceptance of resignation letter issued by your ex employer.


You asked only two que. hence above are the only replies that is just right for the brief.