info@shreeyanshlegal.com
+91-9920963730 / +91-9920963737

MAINTENANCE

MAINTENANCE


Maintenance flows from the concept of marriage. The question of maintenance is not dependent upon the divorce proceedings. Even before the case of divorce is filed, Indian law provides the right to claim maintenance through the medium of the court.
IF WE LOOK AT THE ENTIRE GAMUT OF INDIAN MATRIMONIAL LAW, WE WILL FIND THAT THE PROVISIONS FOR MAINTENANCE ARE AVAILABLE IN FOLLOWING STATUES IN CASE OF HINDU MARRIAGE-


  • Section 125 Criminal Procedure Code (Cr. P.C.).

  • Section 20 of Protection of women from Domestic Violence (DV ACT).

  • Section 18 of Hindu Adoption and maintenance Act.

  • Section 25 of Hindu Marriage Act.

A general conjoint reading of the aforesaid provision makes it amply clear that the objectives of law is to  provide maintenance to the Spouse who does not have sufficient means to maintain himself/herself by the one who has capacity and means to provide maintenance. The object is salutary and the scheme appreciating.
A cursory look at the past practices and belief is a clear cut indication of the fact it is the man who has been bestowed with the power, capacity and capability to look after the family. Womanhood is expected to take care of the domestic chores while men were held responsible for all financial support to the family.
Law is expected to change with the time. So, when women starting assuming proactive roles in the society, then maintenance law in India took care of this fact and brought the working men and women in the same pedestal. In number of cases, it was held that Husband is entitled to maintenance if he does not have sufficient means and the wife is working.
WHILE AWARDING MAINTENANCE, COURTS CONSIDERS FOLLOWING FACTORS AMONG OTHER-


  • Status of the husband and wife.

  • Salary/Income of the husband.

  • Salary/Income of the wife.

  • Liabilities of husband, if any.

  • Dependants..

  • Reasonable wants to claimant.

  • Financial Background.

  • Movable & Immovable properties of the Husband.

Though there is no fixed formula to arrive at the calculation of maintenance. Yet, the figure hovers around 30% to 40% of the salary/income.
Person could’t use defense in case of maintenance that other spouse is at fault or marriage is solemnized on the strength of fraud, the other claimant willfully and without reasonable left the society of the spouse, etc.
Court awards maintenance on the strength of marriage and conduct of the party could pay a part in determining the quantum of maintenance. This, as a matter of general rule maintenance is awarded.
Job of  Court is to give award of reasonable maintenance depending upon the status of the parties.

DISCLAIMER

By clicking on this website the user acknowledges that there has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website, the user wishes to gain more information about us for his/her own information and use; the information obtained or materials downloaded from this website is completely at the user’s volition, receipt or use of this site would not create any lawyer-client relationship. The information provided under this website is solely available at your request for informational purposes only, should not be interpreted as soliciting or advertisement. We are not liable for any consequence of any action taken by the user relying on material/information provided under this website. In cases where the user has any legal issues, he/she in all cases must seek independent legal advice.

×
Hello
We are here to help you for any legal-non litigation/Court work?