Misuse of 498A, Domestic Violence, Maintenance, Dowry Laws Misuse of 498A, Domestic Violence, Maintenance, Dowry Laws Misuse of 498A, Domestic Violence, Maintenance, Dowry Laws
 

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FAQ related to Maintenance

Misuse of 498A, Domestic Violence, Maintenance, Dowry Laws

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FAQ related to Maintenance

  • What is maintenance?
    • Section 125. Maintenance

      If a person who has sufficient means neglects or refuses to maintain:

      his wife, unable to maintain herself, whether or not he is divorced from her or

      his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

      (If the child is a married daughter, maintenance is to be paid till she attains majority if her husband does not possess sufficient means.)

      his legitimate or illegitimate adult child who cannot maintain itself because of any physical or mental abnormality or injury

      (This does not include a married daughter.)

      his father or mother, unable to maintain himself or herself,

      he can be ordered to pay maintenance to those persons by the Family Court in places where a Family Court has been established or by a JMFC in other places if the neglect or refusal is proved.

      The Court may order him to pay a monthly allowance as maintenance of his wife or such child, father or mother as it thinks fit to the person.

      The allowance is payable from the date of the order, or, if so ordered, from the date of the application for maintenance.


  • On what ground maintenance may be decided?
    • Eg1: If the wife is a PG, working & is in a position to earn for her living - No Alimony or very less maintenance.

      Eg2: Wife is not working, not educated totally dependent but has some property (houses (or) shops on her name, which generate revenue to her (Rents) on monthly bases, Then depending on our lawyer's argument there may not be any maintenance or very less maintenance

      Eg3: If wife is not educated, not working, doesnít have any monthly revenue generating property. In this case husband has to Pay her as per the courtís decision.

      Eg4: If wife is not educated, not working, doesnít have any monthly revenue generating property, but she is the only daughter of Rich Mom & Pop who have heaps of property, husband has to Pay her as per the courtís decision.

      Eg5: Regardless of wife's monthly revenue (or) not, For children monthly alimony has to be shared by both husband and wife, in proportion of their respective earnings.

      Eg6: If the husband can prove that wife is educated, Post Graduate excellent student who can get a job & work easily for her living -> less (or) No Alimony.


  • Under what sections I have to pay maintenance I have to pay to my wife?
    • Contact us for this query.


  • How much monthly maintenance I have to pay to my wife?
    • Contact us for this query.


  • Can court order one time settlement/payment?
    • Contact us for this query.


  • What is the difference between CrPC 125 and HMA 24?
    • Contact us for this query.


  • If i am not ready to pay the maintenance under any circumstance and if I say this to Judge, what is the Impact ? I am ready to go to jail but I will not pay the maintenance. If i am sticking to the above point, By any chance court can ask my parents to pay?
    • If it is under CrPC 125, they will send you jail and then attach the assets of your name, so first safeguard all your movable and immovable assets. Basically what girls side will do is, they will get NBW against you. But in any case they cannot touch your parents property. There are more than 2 supreme court judgments in this regard. If you feel the maintenance amount is more then you can file a revision petition in the higher court.


  • How to come out from the Financial Losses due to 498A/DV/CRPC 125?
  • What factors court considers while deciding maintenence?
    • IN THE HIGH COURT OF DELHI AT NEW DELHI

      SUBJECT: HINDU ADOPTION AND MAINTENANCE ACT, 1956

      FAO(OS) NO. 552 OF 2006

      Date of Decision : 7th December, 2007.

      GAURAV NAGPAL .... Appellant in person.

      VERSUS

      SUMEDHA NAGPAL .... Respondent.

      Through Mr. Rajat Aneja, Advocate.

      CORAM:

      HON'BLE DR. JUSTICE MUKUNDAKAM SHARMA, CHIEF JUSTICE

      HON'BLE MR. JUSTICE SANJIV KHANNA

      SANJIV KHANNA, J:

      ............ ....

      In this case the learned Single Judge has culled out eleven factors

      that should be taken into consideration for deciding an application

      under Section 24 of the Hindu Marriage Act, 1955 the same are :-

      1. Status of the parties.

      2. Reasonable wants of the claimant.

      3. The independent income and property of the claimant.

      4. The number of persons, the non-applicant has to maintain.

      5. The amount should aid the applicant to live in a similar lifestyle

      as he/she enjoyed in the matrimonial home.

      6. Non-applicant' s liabilities, if any.

      7. Provision for food, clothing, shelter, education, medical

      attendance and treatment of the applicant.

      8. Payment capacity of the non-applicant.

      9. Some guess work is not ruled out while estimating the income of

      the non- applicant when all sources or correct sources are not

      disclosed. 10.The non-applicant to defray the cost of

      litigation.

      11. The amount awarded u/s. 125, Cr.PC is adjustable against the

      amount awarded u/s. 24 of the Act.

      12. The said judgment of the learned Single Judge of this Court has

      been followed in the case of Vinod Jolly versus Sunita Jolly (RFA

      Nos. 122/2007 and 263/2007) decided on 25th May, 2007 reported in

      2007 (97) DRJ 205, after holding that reliance on income-tax returns

      in the

      context of business owned by the appellant would be of no avail.


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