MAINTENANCE UNDER INDIAN LAWS – With a Divorce Proceeding there comes to a lot of Legal issues that are to be dealt by the Wife and the Husband. Once such issue is that which always comes to the picture is that of Maintenance.
Definition of Maintenance
Maintenance is basically the financial aid or support that the wife can demand from the husband during the proceedings of the Divorce or even after that. In order that the wife can sustain herself financially and can get the basic amenities, the Husband can give her wife maintenance monthly or it can be a one- time payment.
The Main objective of giving maintenance by the husband to the wife is that the wife can have the same lifestyle which she was getting at the time she was married to the husband. There is no fixed rule that determines the amount of maintenance but generally, it is 1/3 rd of the salary of the husband.
A help from Divorce Lawyer in Faridabad can be availed to file or defend a case for Maintenance. The Rights for maintenance are governed under Hindu, Muslim, Christian, and Parsi laws. And there is no uniformity in it.
Legal Provisions for Maintenance under Hindu Laws
Under the Hindu Adoption and Maintenance Act, all the dependant which include the wife, daughter-in-law, children, elderly parents have the right to claim maintenance and can file a case for the same
In case the wife of a Husband is unable to maintain herself financially she can file a case in the Family court of Faridabad. However, If she is working and earning a good income then it could have an impact on the quantum of maintenance that she would get if she files a case for it in the courts of Faridabad.
However, the amount of maintenance that wife is entitled to get will depend upon the Income and the properties of the husband and also the liabilities that he has and the number of people that are dependant on him. Top Lawyer in Faridabad must be hired to file or defend a maintenance petition in a family court in India.
Under the Provisions of Hindu Laws, there are following types of maintenance –
There are 2 types of maintenance under the Hindu Laws that can be filed by the wife. Whenever the wife files for the Maintenance by any Lawyer in Faridabad, The burden to declare the Income lies always with the Husband and he is the one who has to defend the Case.
Following are the types of Maintenance that are there –
- Interim Maintenance or Maintenance Pendente Lite whenever a case for Divorce is filed by the Wife, Till the time the divorce is concluded she is entitled to get some maintenance from her husband till the time she is fighting the divorce case through her Lawyer. In this maintenance, she can also seek for the Legal Expenses that are incurred during the case.
This type of Interim Maintenance is awarded by the court if the court feels that the wife would not be able to maintain herself like the way she would have maintained her while she was married to her husband.
Both the Husband and the wife can file for interim maintenance until their case for Divorce is pending in their Court through their Divorce Lawyer.
2. Permanent Maintenance: Permanent Maintenance is paid by the Husband to the wife after the Divorce. Section 25 of the Act states that the court can order the husband to pay maintenance to his wife which could be in the form of Monthly Basis or a one tie payment in the form of alimony unless the circumstances change like the Second Marriage of the wife etc.
Under Section 18 of the Hindu Adoption and Maintenance Act, 1956, a wife can live separately without getting the divorce and could still claim maintenance, Following are the reasons when this can happen
- The husband has deserted the wife without any reasonable cause; Or
- The husband has subjected the wife to cruelty; Or
- The husband is suffering from the leprosy of virulent form; Or.
- The husband has extra-marital affairs; Or
- The husband has converted to another religion
Following are the cases where the wife cannot claim any maintenance from the Husband –
- She has ceased to be a Hindu by converting to another religion; OR
- She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man.; OR
- She has remarried after the divorce.
How to Claim Maintenance under Hindu Laws?
maintenance petition must be filed with the assistance of a Good Divorce Lawyer in Faridabad.in the family court keeping in mind the Jurisdiction of the Court.
The Petition which would be filed by the Lawyer must contain all the relevant facts as keeping in mind that only the Court will Award Maintenance. Also, there is an Income Affidavit and other Documents that are to be filed with that.
To file a Petition for Divorce in Faridabad you can always contact the Best Law Firm that is Bakshi & Associates.
Talk to the Best Lawyers in the Faridabad at – +91-9873750515, or you could Email at – info@bakshiandassociates.com
