What is Section 24 HMA?
(ii) Section 24 entitles not only the wife but also the husband to claim maintenance pendente lite on showing that he has no independent source of income. However, the husband will have to satisfy the court that either due to physical or mental disability he is handicapped to earn and support his livelihood.
Under which section wife can claim maintenance?
Wife living separately entitled to claim maintenance : Section 18 of Hindu Adoption and Maintenance Act only provides that Hindu wife shall be entitled to be maintained by her husband during her life time ad if she is staying separately as provided under sub-section (2), she is entitled to claim maintenance from her …
Can husband ask for maintenance from wife?
Legal provisions The provision of husband’s right to claim Maintenance from their wives is provided under the Hindu Marriage Act, 1955. For example, in the case of mutual consent divorce, if the parties agree not to claim Maintenance, the court can grant Maintenance according to the case’s circumstances and facts.
Can educated wife claim maintenance?
It is no answer to a claim of maintenance that the wife is educated and could support herself. Likewise, the financial position of the wife’s parents is also immaterial: The High Court of Delhi.
How much maintenance can a wife claim?
If during the divorce, the wife is pregnant, she can claim a fair amount of maintenance for at least 2 years from the date of birth of a child. If they had a child at the time of divorce, a wife can still claim maintenance for the child till the time she remarries or until the child is dependent.
What are the considerations of the court while deciding the application under section 24 of the Hindu Marriage Act 1955?
Under Section 24, the court can, in its discretion, grant maintenance to a spouse with no independent income while the matrimonial petition is pending. In this case, the woman filed an application claiming permanent alimony of Rs. 25,000 a month and the same amount as interim maintenance.
How can I avoid paying maintenance for my wife?
- you can file petition for restitution of conjugal rights but you cannot force your wife to stay with you .
- if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court .
- even if you take personal loans your maintenance wont be reduced .
Can a working wife claim maintenance?
Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc. …
On what grounds court can refuse maintenance to wife?
If you are a woman and have been divorced by your husband or you have obtained divorce from your husband, you are entitled to maintenance. However, a wife cannot claim maintenance in case she is living in adultery or she without any sufficient reason refuses to live with her husband.
What is section 24 in the Hindu Marriage Act 1955?
What is Section 24 in The Hindu Marriage Act, 1955? 24 Maintenance pendente lite and expenses of proceedings.
Can a minor child apply for maintenance under Hindu Marriage Act 1955?
In this case the question before the court was that whether an application for maintenance under section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) which was on only on behalf of the minor child for maintenance could be allowed when the child was in the custody of the mother
Can permanent alimony be claimed under Hindu Marriage Act?
She also claimed permanent alimony under section 25 of the Hindu Marriage Act. The husband moved to the High Court seeking revision of the amounts and the wife too approached the High Court for the enhancement of the Sum under both the Sections.
When did the respondent-wife file for divorce under the Hindu Marriage Act?
In September, 2007 the appellant-husband filed a divorce petition HMA No. 553/2007 under the Hindu Marriage Act, 1955 [for short ‘the HM Act’] seeking divorce on the grounds of cruelty. 4. In November, 2007 the respondent-wife filed a petition under the D.V. Act along with interim relief i.e., maintenance.