My brother got married after some time her wife went away to her mother house without any reason and he tried to bring her back through NGO by writing letter and ph call but she did nt came and she belong frm Madhya Pradesh and my brother lives in Ahmedabad so after some time my brother have filed divorce under 13A in Ahmedbad than his wife filed crpc 125 in M.P. Court and court order for 4000 Rs per month to my brother he started to pay the same but than she also filed U/S 24 in Ahmedabad where divorce case is running staying tht she is not earning so need Rs 15000 per month and advocate fees of 1 lac Rs. She is M com , bed means highly qualified and before marrige was doing job in M.P. So please advise can u/s 24 get cancelled if my brother already paying maintaince under 125
Asked 2 months ago in Family Law from Ahmedabad, Gujarat
court would consider maintenance paid by your brother under section 125 Cr pc at time of deciding her maintenance application under section 24 of HMA
2) draw attention of court to fact that wife has been working in past and has deliberately left job to claim maintenance
1. Do note that the wife can pray for maintenance in both the proceeding u/s 125 crpc and u/s 24 of HMA.
2. However the maintenance granted in both the proceedings get adjusted with each other. In other words only the higher amount granted in these two proceedings is required to be paid.
3. Mere qualification of wife is not enough. if she is not employed or you could not prove her employment you have provide her maintenance.
Your brother should challenge her claim properly especially based on the maintenance already being given to her on the order in maintenance claim under section 125 cr.p.c.
All the aspects what you have stated are to be presented before the court during the arguments while denying her claim for maintenance.