Monday, January 19, 2015

24 HMA Intr. maint reduced bcaz maint in DV. Wife +2 kids. Wife lost job. Hence maint. MP, HC


* Wife seeks maintenance under sec 24 HMA in spite of maint under DV
* Though employed, wife has supposedly lost her job due to a criminal case against her
* Two kids are residing with wife
* Court considers maint under HMA and passes maint under DV
* The Hon Court orders : "....The amount awarded by this Court shall be adjusted out of the amount awarded by the Court in Domestic Violence Act. ...."


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Madhya Pradesh High Court

Smt. Kunta Bai vs Dilip on 7 August, 2014

F.A. No.647/2011

07.08.2014

Shri Hemant Sharma, learned counsel for the appellant.
Shri Anand Adhikari, learned counsel for the respondent.
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Heard.

This order shall dispose of an application filed under section 24 of Hindu Marriage Act filed by the appellant / wife, who has challenged the decree of divorce passed by the 2nd Additional District Judge, Dewas. She is claiming maintenance @ Rs.5,000/- per month and a sum of Rs.15,000/- for litigation expenses.

According to the learned counsel for the respondent, the respondent is only getting salary of Rs.7374.16/- per month. It is also his case that the appellant is also a working personnel and her monthly income is almost of equal amount.

It is not in dispute that two daughters born from the wedlock are residing with the appellant and infact she has also been suspended on account of her implication in a criminal case.

It is not in dispute that under Domestic Violence Act, on a separate petition filed by the appellant, she has been awarded a sum of Rs.3,000/- per month.

Taking all the facts into consideration, we direct the respondent to pay the similar amount of Rs.3,000/- per month as maintenance pendent elite and Rs.5,000/-towards litigation expenses.

The amount awarded by this Court shall be adjusted out of the amount awarded by the Court in Domestic Violence Act. Maintenance shall be payable from the date of application.

 
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C.c. as per rules.

(Shantanu Kemkar)                     (M.C. Garg)
Judge                                           Judge

Kratika/




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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist