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quesCan interim maintenance be avoided if she resigned from job

My son got married on 7/7/14 at Petal Banquet Hall, Naraina, Delhi. As daughter in law was suffering from clinical depression, which was disclosed from us. Moreover the marriage was not consummated & therefore under sect 12 SUBSECTION(1) & CLAUSE (B &C) of HINDU MARRIAGE ACT WE HAD FILED FOR ANULMENT on 30/9/14. Now on 27/1/15 she has resigned from her job & u/s 24 HMA has moved her application for grant of interim maintenance pendete lite and litigation expenses. She has 1/3 share in house costing 70 lacs & 25 lacs balance in PPF A/C. Moreover she deposited 50000 in ppf after case

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    • ans

      Based on your facts, you filed an annulment petition, unless the grounds have been proved your son and daughter in law are considered to be wife and husband and your daughter in law can seek interim maintenance under Section 24 of Hindu Marriage Act.

       

      However, as you mentioned that she is independent  and have  sufficient income for her to  support and the necessary expenses of the proceeding , so under such circumstances, there are various judgement, which clearly states that an wife is not liable for maintenance.

       

      We suggest you to file the reply to the application thereby categorically stating all above facts mentioned in your query in your reply to your petition.

       

    • ansYour query has two answers yes and no
      I do not understand what is amp ?
      Since she has resigned from her job your son is bound to give her interim maintenance ,but at the time of final order of maintenance you can file all documentary proof to prove that she has enough bank balance for that you have to prove the same in evidence .i can guide you more but need more facts to answer your query.

      Advocate Ritesh Isaac

        Bengali Market, Delhi

    • ans question is missing in query

      Advocate M S Hussain

        District Court, Saket, Delhi

    • ansBased on your facts, you filed an annulment petition, unless the grounds have been proved your son and daughter in law are considered to be wife and husband and your daughter in law can seek interim maintenance under Section 24 of Hindu Marriage Act. However, as you mentioned that she is independent and have sufficient income for her to support and the necessary expenses of the proceeding , so under such circumstances, there are various judgement, which clearly states that an wife is not liable for maintenance. We suggest you to file the reply to the application thereby categorically stating all above facts mentioned in your query in your reply to your petition.

      Advocate Sudershani Ray

        Kailash Hills, Delhi

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