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Remedy against high interim maintenance 24(c)in a case of 12-1B HMA
25-Jul-2023 (In Family Law)
I have filled case under 12 (1))(B) per hindu marriage act for nullity within 1 year of marriage since my wife is suffering from mental disorder pre marrital and this fact was suspressed. Now wife has demanded high interim maintenance. my questions are 1. how we can fight against this high interim maintenance since marriage it self was done by fraud? 2.on what factor amount for maintenance can be decided? 3. how we can lower down the maintence?
Dear Client,
Kindly note, your advocate/council is best to give you answers to the questions asked by you. Further based upon the facts shared by you, below are the tentative answers:
1. Normally maintenance is not granted if material facts are hidden from husband and it’s a fraud. (consent for marriage by fraud as she had not disclosed that she was undergoing treatment for mental illness)
2. Maintenance depends upon several factors- mainly - Reasonable wants of the wife; The independent income and property of the wife; The independent income and property of the husband. The number of persons, the husband has to maintain; The amount should aid the applicant to live in a similar life style as he/she enjoyed at matrimonial house, etc
3. All depends upon the skills of your Advocate/Council.
Expert Jurist LLP
Kindly note, your advocate/council is best to give you answers to the questions asked by you. Further based upon the facts shared by you, below are the tentative answers:
1. Normally maintenance is not granted if material facts are hidden from husband and it’s a fraud. (consent for marriage by fraud as she had not disclosed that she was undergoing treatment for mental illness)
2. Maintenance depends upon several factors- mainly - Reasonable wants of the wife; The independent income and property of the wife; The independent income and property of the husband. The number of persons, the husband has to maintain; The amount should aid the applicant to live in a similar life style as he/she enjoyed at matrimonial house, etc
3. All depends upon the skills of your Advocate/Council.
Expert Jurist LLP
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Adv. JV Bhosale
Mumbai | 400+ Answers
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Marriage was done by fraud is your allegation which has to be proved and interim maintenance is till that period. Secondly maintainance is decided after taking a lot of factors in condideration ie income of both parties, financial worth of both parties, liabilities of both parties, lifestyle the wife enjoyed while residing with husband.You have to file reply prima facie showing why she is not entitled and if she employed her income and if she isnot employed that she is qualified to be employed . your liabilities .
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Adv. Shalini Devi
Mumbai | 400+ Answers
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1 do you have filed marriage petition for nullity of marriage?
2 if you have filed that then then you may hold the decision of maintenance.
3 amount for maintenance awarded as per the monetary requirement of women and capability of husband.
4 do not try to lower maintenance amount if your facts are true then you must go for no maintenance because of no marriage.
First of all prove that your marriage is not legal and valid once you prove this you will have no liability.
For any kind of legal support and lawyer service at Pune Mumbai and Jalgaon Aurangabad kindly visit us at
Gurchal and Associate law services
Office number 5, Sai Dham complex, landewadi, Bhosari, Pune
2 if you have filed that then then you may hold the decision of maintenance.
3 amount for maintenance awarded as per the monetary requirement of women and capability of husband.
4 do not try to lower maintenance amount if your facts are true then you must go for no maintenance because of no marriage.
First of all prove that your marriage is not legal and valid once you prove this you will have no liability.
For any kind of legal support and lawyer service at Pune Mumbai and Jalgaon Aurangabad kindly visit us at
Gurchal and Associate law services
Office number 5, Sai Dham complex, landewadi, Bhosari, Pune
Helpful?
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