• Alimony and maintenance

Dear expert's 

I have filed for divorce petition on Dec 2014 for mental torture and missing conjugal bliss. Atlast it was agree for interim maintenance My question to you all,

1) My wife is commerce grads having 10 yrs of experience and earns 16000 per month. We do not have any children 

2) She had mother who has gets her father pension. Her brother are employed and well settled. she stays in my same vicinity where I live.

3) I earn 58000 RS per month with having financial burden in form of personal loan of 23000 re per month and give 15000 RS to my parents who is also retired and both gets pension.W which I send it by net banking since 7-8 yrs.

4) I was having flat in my name which I purchase before my marriage but recently I got terminated from my job so I unable to pay EMI and being co-applicant my father paid the loan amount and transfer the flat on his name by paying it through cheque. My wife don't have any name in my property ever.I release the property before divorce..

My wife claims in maintenance from me as ,

1) 30000 RS per month, 1 flat and 10 lakhs rupees.
2) 1 lakh litigation fees to her lawyer paid by me.

My question is

1) Is she is eligible for maintenance or alimony, if yes will she get what she demands in her petition.

2) What is the use of section 24. Does this section applies on her.

3) If I do not agree and neither she then will it will go to honourable judge for maintenance settlement. If yes then according to all your expertise and experience how much I need to give her as one time alimony.

Dear sir I am in jeopardize situation. Please help me on this.I cannot able to give such a huge amount to her.
Asked 6 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. You can contest her claim if you have evidence to prove that she earns 16,000 a month. If you do this then she will have to prove the insufficiency of her income. More often than not, the maintenance is 1/3rd of net salary.

2. Section 24 she can claim the expenses incurred on litigation.

Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. Alimony varies from 1/3 to 1/5th income of husband irrespective of claim of wife in her petition.
2. Yes. it is applicable to her.
3. Both the parties can always settle on consensual quantum of maintenance which in your case 10k to 12k is reasonable.
However do note that she can not claim any immovable proeprty in her petition u/s 24 of HMA.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Hello,
1) As your wife is earning sufficiently she is not entitled for any maintenance. Alimony depends on several factors including dissection of the presiding judge. You need to bring proof of her earning before the court.

2) Let me quote Sec.24 HMA for you. Section 24 in The Hindu Marriage Act, 1955
24 Maintenance pendente lite and expenses of proceedings. ?Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: 54 [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.] 
As evident the section provides for reliefs of litigation expenses and maintenance the spouse during the pendency of the portion. You need to reply and appropriately defend the application.

3) There's no hard and fast rule around maintenance awarded. It will depend on several factors like your income, her income, the standard of life she had while she lived with you, how long she has been working etc. As in your case she earns 16000/-and has dependents including a child she cannot Alain a huge alimony and maintenance. Your affordability taking into consideration your present liabilities liabilities the court can order an amount as alimony using its discretion besides.

S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1)_ working wife is not entitled to maintenance . she is earning decent salary of Rs 16000 per month and can maintain herself . 

2) there are number of judgments that working wife is not entitled to maintenance 

3) From the perusal of Section 24, it is abundantly clear that the object and intent of this Section is to enable the husband or the wife, as the case may be, who has no independent source of income for his or her support and necessary expense of proceedings under the Act to obtain maintenance expenses pendent lite so that the proceedings may be continued without any hardships on his or her part. The benefits granted under this Section are only temporary in nature and there are other provisions of law where a wife, who is not able to maintain herself, can claim maintenance/permanent alimony from the husband 

4) alimony is at discretion of court . husband income , wife income , standard of living , years of marriage are considered while determining alimony
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under: 


1) Is she is eligible for maintenance or alimony, if yes will she get what she demands in her petition.
Opinion: as she is working and eran Rs. 16000/- per month and you are un employee hence she is not entitle to get any maintenance from you. Prove it before the court that she is able to maintain herself.

2) What is the use of section 24. Does this section applies on her.
Opinion: section 24 of HMA can be filed by wife or by husband if unable to maintain herself or himself for claiming the maintenance pendelite.


3) If I do not agree and neither she then will it will go to honourable judge for maintenance settlement. If yes then according to all your expertise and experience how much I need to give her as one time alimony.
Opinion: as she is able body and you are not working and there is no property in your name then the court will decide the case on merit after considering all the details of the parties but your case is very strong and it may be possible that court reject her plea for maintenance.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1.  Though as a married woman she can claim maintenance but in the present days there are lot of judgments including supreme court judgments stating that employed women are not eligible for maintenance from their husbands, so you can repudiate her claim quoting relevant judgments by proving her employment details.She cannot claim litigation expenses as well neither the property on your name.


2.  It is interim maintenance pendent lite i.e., maintenance amount as an interim relief while the divorce case is pending disposal.


3.  The court will decide the cases on merits from both the sides, so you can put forth your valid arguments accordingly to defend yourself properly.

Engage a skilled advocate and win your case.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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