MAINTENANCE FOR WIFE UNDER MUSLIM LAWS AND MAINTENANCE UNDER HINDU LAW :
WHAT IS MAINTENANCE IN FAMILY LAW :
Money to be paid by the husband to his wife or wife to husband who is unable to maintain herself or himself either during the period of marriage or on separation or after divorce, is called “Maintenance”. Maintenance for wife flows from the concept of marriage. The question of maintenance for wife is not dependent upon the divorce proceedings. Maintenance definition for any religion is same what is maintenance under hindu law. Even before the case of divorce is filed, family law provides the right to claim maintenance through the medium of the family court.
LAW OF MAINTENANCE IN INDIA:
- HINDU MARRIAGE ACT, 1955; HINDU ADOPTION AND MAINTENANCE ACT, 1956 – APPLICABLE TO HINDU.
- MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986- APPLICABLE TO MUSLIMS.
- PARSI MARRIAGE AND DIVORCE ACT, 1936- APPLICABLE TO PARSI.
- DIVORCE ACT, 1869- APPLICABLE TO CHRISTIAN.
- CRIMINAL PROCEDURE CODE, 1973 AND SPECIAL MARRIAGE ACT,1954- LAW FOR ALL IRRESPECTIVE OF RELIGION.
THE PROVISIONS FOR MAINTENANCE UNDER HINDU LAW ARE AVAILABLE IN FOLLOWING STATUES-
- 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.
THE PROVISIONS FOR MAINTENANCE UNDER MUSLIM LAW ARE AVAILABLE IN FOLLOWING STATUES-
- SECTION 3 OF MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986.
- SECTION 125 CRIMINAL PROCEDURE CODE (CR. P.C.).
- SECTION 20 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE (DV ACT).
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TYPES OF MAINTENANCE-
1. Temporary Maintenance:
Temporary maintenance could be also called interim maintenance. In India there are many cases are pending under family law in courts and case causes unbearable delay in the hearing of divorce petition and maintenance petition and other cases. If spouse is unable to maintain herself or himself and in such case if another spouse refuse to maintain him or her.
In such situation if husband or wife comes before the court with Maintenance petition, they come on urgent basis for maintenance as they dont have any money to maintain. In such situation there is urgent need of granting order of some initial payment to souse who filed the petition as trail and deciding petition will took longer time and if that longer time should not frustrate the purpose of filing maintenance petition. Interim maintenance is also called alimony pendente lite. Grounds for interim maintenance under section 125 crpc and other act are same only.
2. Permanent Maintenance :
Permanent maintenance is could be also called Alimony. Under family law Permanent maintenance is maintenance grated after the disposal of the contested divorce matter or mutual divorce or application for maintenance under section 125 of crpc or any other applicable act.Provisions for alimony and maintenance under hindu law are already given above.
MAINTENANCE UNDER CRPC:
Under Indian Family law there is provision of maintenance to wife under section 125 crpc. This provision of maintenance under section 125 crpc provides for maintenance for wife and also child maintenance . Court may direct husband who has source pf money but neglects or refuses to take care of his wife who is unable to take care of herself to supply monthly maintenance to her. However, wife shall not be entitled to receive maintenance if she lives in adultery, or refuses to reside with husband reasons not sufficient, or living separately with mutual consent.
OBJECT OF MAINTENANCE FOR WIFE :
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 close look at the past practices and belief gives 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. Divorce lawyer helps to ascertain and conclude actual objects of maintenance and draft application accordingly.
WHILE AWARDING ALIMONY, MAINTENANCE UNDER SECTION 125 CRPC, COURTS CONSIDERS FOLLOWING FACTORS AMONG OTHER :
- Status of the husband and wife.
- Salary/Income of the husband/wife.
- Salary/Income of the wife/husband.
- Liabilities of wife/husband, if any.
- People Dependents on him or her.
- Reasonable requirement of claimant wife/husband.
- Financial Background of wife/husband.
- Movable & Immovable properties of the wife/husband.
THINKING TO APPLY FOR HOW TO APPLY FOR MAINTENANCE? HERE ARE THE STEPS
- Contact us.
- Our maintenance lawyers/ alimony lawyer will meet you.
- Our lawyer will explain you law of maintenance under hindu law, maintenance under section 125 crpc, maintenance under domestic violence act.
- You have to give information one above given factors which decides maintenance for wife/ alimony.
- Our team will draft and send you application maintenance under section 125 crpc format.
- Once draft approved, our divorce lawyer will file it in court.
References and more to read :
WHAT ALIMONY MEANS ?
Alimony meaning is same in all languages and acts and is also called Maintenance and it is a legal obligation on a spouse to provide financial support to spouse during or after marital separation or divorce under alimony laws in india. In India alimony for divorce is very common but whether to go for it or opting for alimony after divorce will be suggested by the good divorce lawyer. Whether to go for both maintenance under section 125 crpc and domestic violence act or single petition under section 125 crpc for alimony is depends on circumstances around spouse. Double application do not gives double rights but the liberty to choose good order obtained from court.
ALIMONY MEANING IN HINDI:
Alimony in hindi means निर्वाह निधि. तलाक या एक दूसरे से अलग होने के बाद निर्वाह के लिए पति या पत्नी से दिया जाने वाला पैसा। भारतीय कानूनों के तहत, गुजारा भत्ता जीवनसाथी को दिया जाने वाला एकमुश्त भुगतान है, जो आर्थिक रूप से स्वयं को बनाए रखने में असमर्थ है। जिस पति या पत्नी को गुजारा भत्ता देने की आवश्यकता होती है, उन्हें गुजारा भत्ता देने के बाद अपने जीवनकाल के दौरान किसी अन्य का समर्थन करने की आवश्यकता नहीं होती है। पति / पत्नी भारत में तलाक के वकील की मदद से अन्य पति या पत्नी के खिलाफ गुजारा भत्ता याचिका दायर कर सकते हैं।
ALIMONY MEANING IN MARATHI:
Alimony meaning in marathi means पोटगी. भारतीय कायद्यांनुसार, पोटगी म्हणजे जोडीदारास स्वतःला / स्वतःची देखभाल करण्यास असमर्थ असणा to्या जोडीदारास एक वेळची देय रक्कम दिली जाते. पोटगी देण्याची गरज असलेल्या जोडीदारास पोटगी भरल्यानंतर त्यांच्या आयुष्यात इतर कोणत्याही विवाहित पत्नीची भरपाई करण्याची गरज नाही. घटस्फोट वकीलाची मदत घेऊन पती / पत्नी दुसर्या जोडीदाराविरोधात पोटगी याचिका दाखल करु शकतात.
ALIMONY VS MAINTENANCE:
Following are the difference between alimony and maintenance:
- Alimony is the payment made once to the spouse and Maintenance is a timely amount paid by the husband to the wife or wife to husband, paid monthly, annually or in any intervals decided by the court.
- The spouse who needs to pay the alimony does not require to pay any other expenses to wife during their lifetime after payment of alimony and maintenance petition is filed by the wife against the husband when there is no understanding about maintenance and husband deny to maintain wife.
- The husband/wife can file an alimony petition against the other spouse with the help of a divorce lawyer and application for maintenance under section 125 of crpc or under other family law is mostly filed in case of contested divorce when one spouse files a one-sided divorce against the other and the latter contests it.
- Alimony may be paid to the spouse in form of property after the divorce is finalized and maintenance can not be paid to the spouse in form of property
PERMANENT ALIMONY :
what is permanent alimony?
Permanent alimony meaning is very simple as it suggest. permanent alimony is amount paid by the spouse to him or her for whole life and it is till he or she dies. Its a final one time amount to be paid to the spouse after final order of contested divorce or mutual divorce. permanent alimony and maintenance could be treated as same in case of mutual divorce when husband gives the final amount to the wife as one time settlement amount.
CHILD MAINTENANCE :
Maintenance for wife and child are governed by the same rules and acts given above. In India alimony and maintenance under hindu law are ask by the wife under same petition. Petition for maintenance of child under hindu law will consist of 2 petitioner i.e wife and child. Wife will be the petitioner No.1 and child will be Petitioner No. 2 and Wife shall sign the Petition on behalf of Child.
CHILD MAINTENANCE AFTER DIVORCE IN INDIA :
child maintenance after divorce will be decided at the time of finalization of divorce only or during the trial of maintenance under crpc or any other law under which application is made to the court.
CHILD MAINTENANCE AFTER DIVORCE IN INDIA OR BEFORE THE DIVORCE DURING THE PENDENCY OF THE CASE IS DEPENDS ON FOLLOWING ASPECT-
- Age of Child.
- Standard of living given since birth to him or her.
- School fees.
- Tuition fees.
- Extra circular activities.
- His or her desire to become professional.
- Medicine.
- Holiday and picnics.
MAINTENANCE TO WIFE BEFORE DIVORCE :
CAN WIFE ASK FOR MAINTENANCE BEFORE DIVORCE ?
If the contested divorce is file by the wife or against wife by the husband, in such situation in same court Wife can file misc application or separate petition for maintenance. If the application is filed under section 125 crpc then wife can file application for interim maintenance under section 125 crpc, so that she will get maintenance till her application for maintenance is finally decided by the court. When in contested divorce is settlement between spouse arrives in such situation husband gives the full and final one time maintenance to wife which is also called alimony. In mutual divorce also spouse gives the lump some one time maintenance.
WIFE TO PAY MAINTENANCE TO HUSBAND :
CAN HUSBAND CLAIM MAINTENANCE FROM WIFE IN INDIA?
Yes, In today’s 21st century it could be possible that husband claiming maintenance from wife. Men and Women are taking good education equally and competing with each other on all platforms. It happens sometime husband is not working and dependent on wife or becomes handicap. There are same aspect to be considered by the court for deciding whether husband can claim maintenance from wife. Divorce lawyer play effective role to get the order of maintenance for husbands as he needs to prove before the court that he is unable to maintain and do not have sufficient source of money.
DIVORCE LAWYER FOR MAINTENANCE UNDER SECTION 125 CRPC :
Divorce Lawyer or family lawyer… when this word comes in mind, the next line which will appear in mind is, confidentiality, transparency and credibility. Since you don’t know anyone personally, you will end up your search on terms like best lawyer for divorce in Mumbai, top divorce lawyer in Mumbai, best divorce lawyer in Navi Mumbai etc.
Here team of Shreeyansh Legal comes for helping in the matter of maintenance for wife or maintenance of wife under hindu law or under section 125 crpc with their best maintenance lawyers/ alimony lawyers, divorce lawyer. You can avail our expert services in the matters of maintenance to wife under section 125 crpc. Shreeyansh legal provides service of petition for mutual consent divorce lawyers in mumbai , Navi Mumbai and Thane., Application for maintenance for wife Our team also explains mutual divorce procedure in Marathi or Hindi for better understanding of mutual consent divorce procedure in Mumbai.
NO MAINTENANCE TO WIFE :
There are certain situations under which wife cannot claim maintenance.
NO MAINTENANCE TO CRUEL WIFE :
Loading false cases of crime, breaking & throwing mangalsutra, getting husband behind bars, avoiding household duties, ill treating husband etc are examples of cruelty. Suicide attempt as husband did NOT fulfill wish for separate house is cruelty. These are the type of cruelties. If wife is filing case of maintenance and showing the base of cruelty she needs to prove it. If the husband through his divorcee lawyer succeed to prove the cruelty by wife then she will not be entitled to get maintenance.
NO MAINTENANCE IF WIFE DESERTED HUSBAND :
Forcing husband to be a Ghar Jamaee, deserting him on his denial and refusal to ditch his parents, not attending parents needs are all matrimonial cruelty. Wife alleges hubby had illicit relations with his sister, abuse him at office, deserts him. These are the examples of desertion and if willful desertion is proved then wife cannot claim maintenance.
ADULTEROUS WIFE CANNOT CLAIM MAINTENANCE :
If husband making counter allegations that wife have illicit relationship with other person and proved adultery committed by wife then No Maintenance To Wife.
INTERIM MAINTENANCE FOR WORKING WIFE :
Concept of maintenance and alimony is that it provides financial aid or assistance to the spouse who is unable to maintain himself or herself. Court grants maintenance to wife who is unable to maintain and her husband refused to maintain her.If it is proved in court that wife is working then she will not be entitled to any maintenance. There are several ways by which Divorce lawyer could find out whether wife is working or not.
NO INTERIM MAINTENANCE TO PREVIOUSLY WORKING WIFE :
If wife is previously working means she is able body. Means she is having habit of working and she is able to do the job. Unless and until she proves why she is not do the job now, wife is not legible for order of maintenance.However in some cases court give the order of maintenance to working or previously working women too. So in most of the cases court decided that no maintenance if wife is earning.
No Maintenance For Earning Wife Supreme Court judgement.
If the wife is doctor or in other profession it is highly improbable she is unable to maintain herself, Hence in most of the cases where could finds that wife is professional there is decision taken by the court that no maintenance to well qualified wife. On thing need to be understood that in metropolitan cities like Mumbai 12th pass person also gets good job and lot of opportunities to graduates therefore it could be concluded that if wife is educated and could thinks that she will be easily get the job then there will be no interim maintenance to educated wife.
No Maintenance To Well Qualified Wife Supreme Court judgement.
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.
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Maintenance for wife – FAQ