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Need help in family urgent - maintenance
27-Mar-2023 (In Divorce Law)
Sir, i required your help in Application under section 24 of the hindu marriage act read with section 20 of hindu adoptions and maitenance act read eith 151 of the civil procedure code filed from my wife. I need your help in this regard. I need to win the justice. Please confirm whether my education is Diploma and wife is M.Com, MBA & Phd. She is well educated can she still claim the maintenance under the above section. I am ready to take care of my wife and my child who is 4 years. She has left my home almost 4 years now. I have filed the RCR and petitioner cross examination finished. Now they have filed the above maintenance please inform how to win this case. I have aged and sick parents my father is 86 yrs and mom is 66 yrs. Please help me in this regards.
You have stated your education but not stated what is your profession, job or business, Vikas qualification alone does not matter what matter is income. Also, besides her education what is her income ? You have done a good thing in filing RCR. if you are present advocate he is not enough for you to can contact me to fight the maintenance case.
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Adv. S.K Prabhakar Shetty
Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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Under Section 24 of the Hindu Marriage Act, either spouse can claim maintenance from the other during the pendency of any proceeding under the Act. The maintenance amount is decided by the court based on various factors such as the income and assets of both parties, the standard of living, and the needs of the spouse seeking maintenance.
Section 20 of the Hindu Adoption and Maintenance Act provides for maintenance of wife by her husband in case she is unable to maintain herself, while Section 151 of the Civil Procedure Code provides for inherent powers of the court to make orders necessary for the ends of justice.
Whether or not you would be held liable to pay maintenance to your wife would depend on various factors that the court would consider while deciding the matter. These would include your income and assets, your wife's income and assets, her education and qualifications, her ability to earn a livelihood, and the standard of living you both enjoyed during the marriage.
The fact that you are a diploma holder and your wife is highly educated with a PhD would be a relevant factor, but not the sole determining factor in deciding the maintenance amount. The court would take into account all the relevant factors and make a decision based on the specific facts of your case.
Similarly, the age of your parents is not directly relevant to the question of whether you would be liable to pay maintenance to your wife. However, the court may take into account your responsibilities towards your parents while deciding the maintenance amount, especially if you have to provide for their care and support.
In conclusion, whether or not you would be held liable to pay maintenance to your wife would depend on a variety of factors and would be decided by the court after considering all relevant facts and circumstances.
Helpful?
Adv. Abdul Zahir Shah
Adv. Abdul Zahir Shah
Bangalore / Bengaluru | 100+ Answers
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