Legal Question in Family Law in India
Interim Maintenance Under HAMA 1956
My wife has filed Maintenance petition under Hindu Adoption And Maintenance Act 18 & 20 (HAMA,1956 in Family Court Pune) for herself and for my daughter, demanding Rs.15000 per month, After receiving petition I am voluntarily paying Rs.2000 monthly for daughter (Without any order from court) denying maintenance for my wife as she is voluntarily living separately without any reason.
During proceeding she also filed application for Interim Maintenance on which arguments are done, At the time of making Order for Interim Maintenance Hon Judge asked my wife that in HAMA act there is no provision for Interim Maintenance, so my question is,will she have to file separate petition under THE HINDU MARRIAGE ACT, 1955 withdrawing current petition under HAMA ,then only she can demand interim Maintenance during proceedings of petition?.
2 Answers from Attorneys
Re: Interim Maintenance Under HAMA 1956
You are multiplying your problems; you are anyway liable to make payment towards her maintenance and cannot avoid your liability on technicalities;
In law, where ever there is a provision for passing an order, the courts have an inherent power to grant an interim order. Therefore, the court is ALSO entitled to pass an interim order for her maintenance.
It will be better if you reach an out of the court settlement and start making payment of maintenance allowance to your wife which responsibility you cannot avoid in law.
Re: Interim Maintenance Under HAMA 1956
You are multiplying your problems; you are anyway liable to make payment towards her maintenance and cannot avoid your liability on technicalities;
In law, where ever there is a provision for passing an order, the courts have an inherent power to grant an interim order. Therefore, the court is ALSO entitled to pass an interim order for her maintenance.
It will be better if you reach an out of the court settlement and start making payment of maintenance allowance to your wife which responsibility you cannot avoid in law.
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