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Neha Chowdhary (Law Officer )     15 July 2013

S.24 hindu marriage act.

Learned Members,

I am filling S.24 application under Hindu Marriage Act wherein I am admitting that petitioner (wife) is well educated lady and before marriage earning good amount but after marriage due to mental and physical harrasement received by hands of inlaws lost her confidence and hence can't do job or rather not in position to do job.

please tell if i can take such kind of ground for maintenance ??if anyone can provide case law to substantiate this ground.

ur reply will give some one new hope...

plz help!!!

Neha



Learning

 4 Replies

Ajay (none)     15 July 2013

Not a solid back ground to file a case. Lost self confidence due to mental and physical harrasement received ( Required medical certificate for permanent mental illness or disablity).  We can't figure out anything about mental harrasment untill its medically proved/ and about Physical harrasement there should have a medical certificate) So case goes on and on and nothing comes out of it. Hope this helps.

Adv. Chandrasekhar (Advocate)     16 July 2013

Nehaji,

The main consideration for awarding maintenance under section 24 is that at the time of filing the application, the applicant wife is actually working or not working.  Having a very good qualification, a lot of experience, pre-marital employment do not disentitle her to get maintenance.  Delhi High Court's judgment (Sh. Bhatt is the judge) under S. 18 HAMA throws light (one of the parties is Narang- you can search it from Delhi High Court site) and in this case lakhs of amount is awarded as monthly maintenance keeping in view of the respondent husband's financial status).  Jobs are not fruits, which can be plucked as and when one wants to get it.  In the economic slow down it is becoming increasingly difficult to get job. A woman, who leaves her job after marriage to carry out matrimonial house making cannot be expected to get a job just after estrangement with the husband.  The twin grounds, you suggested, are valid grounds and you will definitely succeed in your endeavour.  Wish you best of luck.

1 Like

(Guest)

Why you want maintainance? You are capable women to earn and live... why do you want to be under the umbrella of your husband?

See.... As many lawyers suggests to file cases like dv, 498a etc etc.....  That is common among lawyers. Take your own discretion and decision. If really DV, harrasment has happened and you have prroofs for the same then go aheda and file the cases.

Filing multiple false case may look good options at the beggining but once your husband family addicted to it, no real fun for you. They have to fight it and they will fight it.

It is just a loss of time peace and money to lawyers and to various people in the form of bribe.

Finally, my suggestion is put case if they are genuine. For maintainance, stand up on ur own feet.

1 Like

DV Fighter (Service)     17 July 2013

Originally posted by : Aravind

Why you want maintainance? You are capable women to earn and live... why do you want to be under the umbrella of your husband?

See.... As many lawyers suggests to file cases like dv, 498a etc etc.....  That is common among lawyers. Take your own discretion and decision. If really DV, harrasment has happened and you have prroofs for the same then go aheda and file the cases.

Filing multiple false case may look good options at the beggining but once your husband family addicted to it, no real fun for you. They have to fight it and they will fight it.

It is just a loss of time peace and money to lawyers and to various people in the form of bribe.

Finally, my suggestion is put case if they are genuine. For maintainance, stand up on ur own feet.

@ Arwindji ... good solution


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