Divorce without maintenance
1 year ago
I stayed in my wife's house for 20 years and married since 13 years. She managed her house on my salary alone. I have made no property and she has 2 flats on her name. Now I physically separated and went to my parents. I want diverse without giving any maintenance. She is not ready for mutual divorse. I have not bank balance or assets in my name.
A.Dear Sir,
You may file a divorce and also claim maintenance for yourself saying that you are unemployed and unable to earn.
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SECTION 24 OF HINDU MARRIAGE ACT
24 Maintenance pendente lite and expenses of proceedings. —
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: 54 [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
(i) As far as maintenance pendente lite and expenses of proceedings are concerned, no distinction has been made under section 24 of the Act relating to right of a wife for maintenance preferred under section 12 or 13 of the Act; Sandeep Kumar v. State of Jharkhand, AIR 2004 Jhar 22.
(ii) The divorce proceeding has terminated adversely to his client but an appeal is pending. Whether the appeal ends in divorce or not, the wife's claim for maintenance qua wife under the definition contained in the explanation (b) to section 125 of the code continues unless parties make adjustments and come to terms regarding the quantum or the right to maintenance. It is clear that mere divorce does not end the right to maintenance; Captain, Ramesh Chander v. Veena Kaushal, AIR 1978 SC 1807.
(i) During the pendency of the divorce proceedings at any point of time if the wife establishes that she has no sufficient independent income for her support, it is open to her to claim maintenance pendente lite; Manokaran v. Devaki, AIR 2003 Mad 212.
(ii) Section 24 entitles not only the wife but also the husband to claim maintenance pendente lite on showing that he has no independent source of income. However, the husband will have to satisfy the court that either due to physical or mental disability he is handicapped to earn and support his livelihood. Held that since the husband was able-bodied and was not mentally ill and only because his business had closed down, he could not be granted any maintenance, it being opposed to spirit of section 24 of the Act; Kanchan v. Kamalendra, AIR 1993 Bom 493.
(i) Pending an application either under Rule 5 of Order 9 or Rule 9 of Order 9 or Rule 13 of Order 9 of the Code of Civil Procedure a spouse is entitled to maintain an application under section 24 of Hindu Marriage Act, 1955. The expression “proceedings under the Act” appearing in section 24 cannot be given a narrow and restrictive meaning; Vinod Kumar Kejriwal v. Usha Vinod Kejriwal, AIR 1993 Bom 168.
(ii) Section 125(1)(d) has imposed a liability on both the son and the daughter to maintain their father or mother who is unable to maintain himself or herself; Dr. Vijaya Manohar Arbat v. Keshireo Rajaram Sawai, AIR 1987 SC 1100.
(iii) The direction by the Civil Court is not a final determination under the Hindu Adoptions and Maintenance Act but an order pendente lite under section 24 of the Hindu Marriage Act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the Court to be reasonable; Captain Ramesh Chander v. Veena Kaushal, AIR 1978 SC 1807.
You may file a divorce and also claim maintenance for yourself saying that you are unemployed and unable to earn.
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SECTION 24 OF HINDU MARRIAGE ACT
24 Maintenance pendente lite and expenses of proceedings. —
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: 54 [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
(i) As far as maintenance pendente lite and expenses of proceedings are concerned, no distinction has been made under section 24 of the Act relating to right of a wife for maintenance preferred under section 12 or 13 of the Act; Sandeep Kumar v. State of Jharkhand, AIR 2004 Jhar 22.
(ii) The divorce proceeding has terminated adversely to his client but an appeal is pending. Whether the appeal ends in divorce or not, the wife's claim for maintenance qua wife under the definition contained in the explanation (b) to section 125 of the code continues unless parties make adjustments and come to terms regarding the quantum or the right to maintenance. It is clear that mere divorce does not end the right to maintenance; Captain, Ramesh Chander v. Veena Kaushal, AIR 1978 SC 1807.
(i) During the pendency of the divorce proceedings at any point of time if the wife establishes that she has no sufficient independent income for her support, it is open to her to claim maintenance pendente lite; Manokaran v. Devaki, AIR 2003 Mad 212.
(ii) Section 24 entitles not only the wife but also the husband to claim maintenance pendente lite on showing that he has no independent source of income. However, the husband will have to satisfy the court that either due to physical or mental disability he is handicapped to earn and support his livelihood. Held that since the husband was able-bodied and was not mentally ill and only because his business had closed down, he could not be granted any maintenance, it being opposed to spirit of section 24 of the Act; Kanchan v. Kamalendra, AIR 1993 Bom 493.
(i) Pending an application either under Rule 5 of Order 9 or Rule 9 of Order 9 or Rule 13 of Order 9 of the Code of Civil Procedure a spouse is entitled to maintain an application under section 24 of Hindu Marriage Act, 1955. The expression “proceedings under the Act” appearing in section 24 cannot be given a narrow and restrictive meaning; Vinod Kumar Kejriwal v. Usha Vinod Kejriwal, AIR 1993 Bom 168.
(ii) Section 125(1)(d) has imposed a liability on both the son and the daughter to maintain their father or mother who is unable to maintain himself or herself; Dr. Vijaya Manohar Arbat v. Keshireo Rajaram Sawai, AIR 1987 SC 1100.
(iii) The direction by the Civil Court is not a final determination under the Hindu Adoptions and Maintenance Act but an order pendente lite under section 24 of the Hindu Marriage Act to pay the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the Court to be reasonable; Captain Ramesh Chander v. Veena Kaushal, AIR 1978 SC 1807.
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A.Dear Client
you can do only if your wife is earning or capable of earning then Court grants no maintenance order. You can file contested Divorce.
Hope it helps.
you can do only if your wife is earning or capable of earning then Court grants no maintenance order. You can file contested Divorce.
Hope it helps.
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A.Hi client,
You can file a contested divorce in the court. Court if finds that you have enough reasons to not pay any maintenance to your wife it will be granted.
Please contact an advocate who expertise in Divorce matters.
Thanks and Regards
Simi Paul
You can file a contested divorce in the court. Court if finds that you have enough reasons to not pay any maintenance to your wife it will be granted.
Please contact an advocate who expertise in Divorce matters.
Thanks and Regards
Simi Paul
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Subhashis Paul
Responded 1 year ago
A.It is not necessary for claiming maintenance that the husband needs to have any asset of his own or bank balance. The Ld. Court grants maintenance to the unemployed wife based on the monthly income of the husband. So what you earn every month, based on your liabilities and expenses for every month as well as your wife's, then the Ld. Court decides the amount of monthly maintenance to be granted to your wife. But if your wife uses both the flats for rent purpose then she definitely have her own source of income therefore in that case you may not need to give any maintenance.
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A.Hello Client,
You may file for a Contested divorce against your wife to obtain divorce from her. if she claims her maintenance or files a case for maintenance then you have to show that you don't have any property in your name nor do you have much bank balance. though as you are an able-bodied person, Court may order a very small amount of maintenance per month. That would be judge's discretion.
Thanks & Regards
You may file for a Contested divorce against your wife to obtain divorce from her. if she claims her maintenance or files a case for maintenance then you have to show that you don't have any property in your name nor do you have much bank balance. though as you are an able-bodied person, Court may order a very small amount of maintenance per month. That would be judge's discretion.
Thanks & Regards
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