Sec 24 - please help - urgent!!!

you have to appeal in apex court.if your wife is working she can not claim maintenance from you in sec 24.hire a low cost lawyer.mail me for s.court judgements which says no maintenance to working wife.regards.  pawanrajyan@gmail.com

Dear Author,

I want to know whether u had mentioned ur liablities in ur defence or not? if not then y? Besides that there is a judgement of Hon'b;e SC which is in your support. 

to experts, 1. i would like to know that if in such above case, if the husband withdraws the divorce case does he absolutely needs or has to pay the amount....????? 2. what if he withdraws the case and waits till wife files from her side....??????

Yes he has to clear the outstanding due and withdraw the petition but what is the use the he had lost time and money and intention will be noted as malafide from legal persay. Instead appeal in apex court and m dismiss the order. I think this case looks very tricky the author might have been engaged with the lawyer who is incompetent and the information provided here Is insufficient to comment on resolution. Sorry author.

What is Apex Court?

apex court is supreme court...sometime google is fast then waiting for reply..

even i feel ur lawyer is no use..

As per Sec 24 of HM Act, the party seeking alimony or expenses of litigation under the section should have no independent income of his or her own.  Where the party seeking maintenance is doing a job and his or her salary is sufficient to maintain such person, the application under this section by such party cannot be allowed. Maintenance can be granted to only such person who is unable to maintain herself or himself. However it does not mean that such person should be destitute or beggar.  What is necessary is that the applicant is not in a position to maintain himself or herself. , not much below the status, which such person was used to.  But the fact as to having no independent income must be pleaded and the statement should be given in the evidence o prove the said fact.   Where the applicant seeking maintenance pendente lite and expenses of litigation is economically fully dependent on his or her father or mother or other relative, such person cannot be said to have independent income.  The quantum of maintenance ca be determined on the following issues: a)If applicant is having no source of income, b) income of the opposite party c) status of the parties, d) necessary expenses of fod, clothing and shelter required by applicant, e) number of family members including parents, brothers sisters already living with the opposite party who has to maintain them.  This section does not provide any guidelines for determining interim maintenance but in any case amount awarded should not be unreasonable, generally it can be 1/5th of net income of opposite party. 

The author should disclose certain facts to answer his question accordingly, namely what was the defense of his lawye in the lower court as well as in high court?, Whether her occupation was proved before the court?  any other facts omitted to mention. 

Thanks all for your reply. below are the more facts pertaining to my case , in continuation of my original post

in Lower court (Divorce case filed by me) , I submitted 

·                        I filed the divorce case against my wife on the ground of cruelity in July 2011 The deatailed reply of sec 24 application submitted by wife denying the facts along with the affidavit (in the application wife mentioned my salary as 1 Lakh per month + extra ioncomwe from other immovable property, stocks, shares etc.)

·                        I submitted my salary certificate  issued by my employer including all perks and Variable as 45,000/- per month 

·                        I submitted the proof of wife working (That was only the screen shot of Her Facebook Profile where she is showing herself working in HDFC Bank) - I could not get the proof of her working from the bank neither from Income Tax Department. I filed RTI to Income Tax Department but they did not disclose this information and denied for the same

·                        I  submitted the previous records of wife working from before marriage

·                        I submitted my wife academic records of MBA and professionally qualified

·                        I submitted my per month expense including my rent receipt, my medical certificates and unwanted expenditures due to several false cases by wife

·                        I submitted several rulings of different courts where maintenance should not be given to wife if she is working and deserted the husband house on her will and do not want to live with him

But Court did not consider any of these and granted maintenance of 20,000/- from the date of application i.e May 2012, which become as an arrears of 3.2 laks now. I then submitted the review in the same court, but court rejected the same with cost of 2000/- to me.

Appeal in High court

·                  I submitted the orders passed by lower court along with the details and documents submitted in lower court, but high court again rejected my appeal saying that Since I am in MNC there must be some extra income I will be getting, Though I submitted my salary certificate there also.

·                  I asked for submitting the affidavit in support of this, but court did not consider this and right away dismissed the appeal with maintain the orders of lower court.

Now in Lower court Judge says to deposit all the arrears (3.2 Lakhs) fist then my divorce case will be progressed further else it will be rejected.I am not in the position for the same and moreover I do not want my case to be rejected

 I know I can appeal this in Supreme court is not meant for Aam Aadmi  and needs lakhs of rupees and I cannot afford that at this point of time being got financial unstable due to facing so many false cases.

 Please suggest what can be done now?

Thanks.

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