Maintenance under section 24
my wife left matrimonial home two years back.she filed 498a,caseunder section 125 and domestic violence.now I have filed divorce case against her on ground of cruelty and decree in my favour under section 9 of hma.During the proceeding of divorce case she has filed application under section 24. we both are bank employees and have equal pay and perks. she is claiming house rent allowance from the bank but residing with her parents.I am living in rented accommodation in up and paying rs 10000 as rent to land lord and rs 15000 as other expenditure on account of food and misc expences.kindly guide me with sc judgement to deal with section 24 case.can I get her salary detail under section 91 of crpc
Asked in Family Law from Amritsar, Punjab
Your wife is highly qualified and working is not entitled to any maintenance
2) there is no difference in your income so wife cannot claim maintenance from you
3) you can make application under section 91 of Cr PC to direct your wife to produce her salary details
1. You dont need SC judgments to contest her case. What you need is a lawyer for your defence and the evidence to rebut her claim. The fact that she is residing with her parents does not disqualify her from claiming alternate accommodation at your expenditure. You can contest her claim on the ground that she is self sufficient and left the matrimonial home without any justified cause
2. You can seek court orders to produce her salary slips.
If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance. In your case there is no need to pay the maintenance amount to your wife .You have to produce the proof with regard to the salary earn by your wife.
You have stated that you have filed a divorce case but have got a decree in your favor under section 9 HMA.
Which is the fact? because divorce and sectio are opposite to each other.
If she is a bank employee and earning a handsome salary, she cannot claim maintenance under any section or provision of law.
You can simply repudiate her claim stating that she is employed and earning sufficiently to sustain herself.
The court will dismiss her petition for maintenance under section 24 and also under section 125 c.p.c.
You discuss with your lawyer and challenge her claim properly.