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Divorce / Ailmony / Compensation
23-Apr-2024 (In Divorce Law)
Mumbai based wife filed divorce based on cruelty in 2020 claiming hefty ailmony & compensation in HMA with a short lived marriage of just 6 days of 2019. Hefty Ailmony is claimed only on the ground of my past foreign earnings.
Q: How court decides ailmony? current earnings or past earnings?
Q: She is highly qualified woman with 15 years of IVF experience in Mumbai left her high paying job to freelancer to claim maintenance. Is she entitled to maintenance u/s 24 hma?
Thanks for helping me.
Hi Good Morning, As you mention that your wife is file Divorce in 2020. and she is earning handsome amount also. in your their are various supreme court and high court judgement itself says that, if wife was earning very well amount previously. and for merely she left the job for maintenance then she can not entitle maintenance. yes she can claim and file maintenance us 24 of hma. as this is her rights. it is an court who decide that she will get maintenance or not. but their is very rare possibility that, she can get maintenance. but for her claim, you can counter claim. and various other legal relief are also available for you. for more detail and querries, contact us and visit our website.
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Adv. A P Khobragade
Pune | 5+ Answers
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Hi, Before deciding the amount of alimony of maintainence to a wife in either Domestic violence case or Hindu Marriage act ,The Petitioner and the Respondent both have to file their Assets and Liabilities statements with reference to Rajneesh v/s Neha judgement. I n that apst 3 years income n expenses are to be filed and then the amount is decided. Provided if a wife being educated and not working then there are many judgements wherein she is being denied maintainence amount.
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Adv. Amreen Shah
Mumbai | 5+ Answers
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Well, no one can restrict her from filing Maintenance under Sec 24 of the Hindu Marriage Act, however, whether she will succeed or not in claiming Maintenance from Court depends upon several factors regards which we will discuss on call.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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