Legal Question in Family Law in India

Two Interim Maintenance Orders in Civil Procedures

My wife has filed Maintenance Petition under HAMA Act and getting Interim Maintenance from last 11 months,Recently i have filed Restitution of Conjugal Rights (HMA 1955 Sec 9) and in reply she has again demanded Maintenance under HMA 1955 Sec 24,Now can she get two orders at same time as both petitions are under civil proceedings ?


Asked on 7/22/08, 11:46 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Two Interim Maintenance Orders in Civil Procedures

The maintainence under Hama will be adjusted with Maintainence awarded under HMA.

Read more
Answered on 7/23/08, 8:36 am

Re: Two Interim Maintenance Orders in Civil Procedures

No

Read more
Answered on 7/22/08, 1:40 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Two Interim Maintenance Orders in Civil Procedures

Since you have filed Section 9 petition, it is your duty to establish your bona fides.

You should not be seen as the one denying maintenance to your wife.

The factors for determining quantum of maintenance under HAMA are different than those under HMA.

She is entitled to live life as per your standard of living which she was used to before separation.

Instead of contesting her maintenance application, you should make sure she live comfortably as per your own standard of living.

Legally, the court may grant her a higher amount of maintenance under HMA and adjust the maintenance she is already getting under HAMA. Usually, maintenance under HMA is higher than that granted under HAMA.

Read more
Answered on 7/22/08, 8:50 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India