1) in case your income goes down you can apply to court for modification of amount awarded as maintenance
2)if any amount is awarded as interim maintenance it would be considered by court while awarding maintenance under section 125 cr pc /Dv case
HMA 24 maintenance
Hi My wife is claiming the maintenance in HMA 24 we got married in 2014 and we have two male kid i don't have problem in giving the maintenance but if i lose my job as i am working in IT and dont have job security what should i do in such a case if i lose the job are my income goes down due to some recession in IT and also let me know if see put one more case under crpc 125 and DV for maintenance what should i do should i pay for all three cases Thanks and Regards, Jagadish
Asked 8 years ago in Family Law
Religion: Hindu
11 Answers
You will have to pay maintenance under one case only, if by any chance you are not in a position to pay maintenance due to some unavoidable circumstances you may move to court for modification of order on the basis of changed circumstances.
Regards
Your liable maintain only as long as You've capacity to maintain. You can take the plea of jobless once you loose your job. The bottom line is, law cannot compel the impossible and this, when you'll have no capacity to maintain, nobody can compel you.
1. Payment of maintenance to wife and kids is not dependent on recession or financial state of affairs of the economy. It is just as per the Court order and you shall have to pay the same by even begging or borrowing, as opined by the Supreme Court of our Country.
2. If she files multiple petitions for claiming maintenance, you shall have to pay maintenance only for once i.e. as per the direction given by the court at first and the subsequent petitions should be contested and got dismissed by you on the ground that maintenance order has already been passed by the Court.
If Husband has no sufficient means to maintain his wife and wife has filed a petition under section 24 of the Hindu Marriage Act for maintenance then she will be entitled for nominal maintenance because Court is bound to determine the amount of maintenance on the basis of net income of the husband.
if the husband has no means of earning then wife is entitled for nominal maintenance only for the protection of right to maintenance because it is Paramount duty of the husband to protect and maintain his wife. if she again files a case for maintenance under section 125 of the code of criminal procedure then the magistrate is bound to considered the amount of maintenance granted to her under section 24 of the Hindu Marriage Act. It is held by the Supreme Court of India in Poonam Batra versus RK Nigam case that in no case amount of alimony cannot be so huge that it will act as a punishment against the husband. Therefore she cannot claim double maintenance in two different sections of the law
She cannot file a maintenance case under section 24 HMA separately, it can be filed as an IA in the pending matrimonial dispute.
If you lose your job and have no income then you can file a petition before the court on this and may request the court to reduce the maintenance pendent lite.
HI Due to some financial down grade my company is trying to remove few employees i am thinking of doing farming in my farm land after quieting the job farm land is in my fathers name and he has told me to use it because i am jobless kindly suggest what should be my application to court in this condition my income is not specific as i am going for farming does court will consider my condition what should i do to convince the court Thanks and Regards, Jagadish
Asked 8 years ago
1. You should have to submit that you are not employed, if you have been terminated by your Company.
2. Unless you are terminated, you can not claim that you shall be terminated.
3. However, submit before the Court that you have already been sounded by the Court that you shall be removed from the services for which the Court may fix lower amount of maintenance amount for you.
4. After interim maintenance amount is fixed by the Court and you are terminated thereafter, you can file an application praying for reconsidering the amount so fixed based on the fact that you have now been terminated by your company chances of which you already had recorded before the Court earlier.
5. You shall have to pay the maintenance amount but it can be reduced considering your changed financial ability.
1) court would consider fact that you are jobless with no steady source of income
2) court considers your net income , wife income , number of dependents in determining maintenance
Yes, the court will consider your position. Give it the proof that you are no more employed.
If she claims that yo are employed, she has to prove before court your employment and salary income details.
You can produce your relieving letter and inform court that you are an agricultural labor in your father's cultivable land
You have to provide evidence for having quit the job.
You application should be that you are just earning hand to mouth and you do not have any excess income to share.
This you will say after disclosing all the relevant facts in hand.
Regards