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 ?
3 Answers from Attorneys
Re: Two Interim Maintenance Orders in Civil Procedures
The maintainence under Hama will be adjusted with Maintainence awarded under HMA.
Re: Two Interim Maintenance Orders in Civil Procedures
No
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.