Last Updated on December 10, 2018 by Legalseva.net
Maintenance after divorce is given for providing financial support to wife.
In India Maintenance is given to children, parents and wife after divorce which means that those persons who are entitled to get maintenance will get maintenance.
Section 125 of Code Of Criminal Procedure gives neglected persons especially wife the right to claim maintenance.
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Right Of Women For Maintenance.
Religion to Religion right for maintenance varies.
Court decide amount of maintenance after seeing following conditions:
- Husband’s monthly income.
- Wife’s income.
- Husband’s financial status .
- Other things.
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In India citizens have a right to livelihood.
A woman if a legal wife of a man has right in his residence and property.
It is husband’s duty to give maintenance to his wife.
Amount of maintenance can be decided by mutual consent or by Court.
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Rights available to wife are :
The rights available to wife according to Constitution are :
- Woman has absolute right over Streedhan.
- Wife has right on her matrimonial home.
- Woman has a right to have committed relationship.
- If divorce takes place wife has right of maintenance under Section 18 of Hindu Adoption and Maintenance Act.
- Wife has right to live with dignity and not to live by lowering her self respect.
- Wife has right toget financial support from husband for raising their children.
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Maintenance is given after Divorce:
A woman can get divorce from her husband if husband is guilty of any of the following grounds:
- Adultery.
- Cruelty.
- Desertion.
- Conversion.
- Insanity.
- Leprosy.
- Venereal disease.
- Renunciation.
- Presumption of death.
- If husband has another wife.
- Rape.
- Sodomy.
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According to different religion the right of maintenance is as follows:
- Hindu law : Women can get maintenance after divorce under Hindu Marriage Act , 1955 and Hindu Adoption Act , 1956.
Interim Maintenance: This maintenance is received by divorced woman as she has no source to earn.
Court on its discretion decide the amount of interim maintenance.
This maintenance has to be paid from the date of presenting the petition in court until it is dismissed or court gives decree.
- Muslim law: Islamic Woman can get maintenance under Muslim Women ( Protection of rights on divorce) Act, 1986.
- In Iddat period she will receive maintenance.
- She will receive Meher or Dower.
- If wife is pregnant during divorce she will get maintenance for 2 years after child is born.
- Wife can claim maintenance for child.
- Wife will get all the properties which she received from her parents, friends or relative.
- If after Iddat women cannot maintain herself then her relatives who will get her property after her demise will maintain her.
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- Christian law : Christian woman can get maintenance under Indian Divorce Act, 1936.
- Parsi law : Parsi wife can claim maintenance after divorce under Parsi Marriage and Divorce Act ,1936.
- Special Marriage Act , 1954: Wife can get maintenance after divorce seeing financial condition of husband and wife respectively.
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Wife gets maintenance from husband when :
- Husband abandons her.
- Acts of cruelty are done against her.
- Husband is having venereal disease.
- Husband is having another wife.
- Husband changes his religion.
- Any reason for separation.
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Amount of Compensation which a wife will get is :
Amount of maintenance is not fixed .
Amount is decided by court seeing husband’s financial condition and property, wife’s earning and property.
Generally amount of Compensation is one – third of the salary of husband.
By the order of court husband has to disclose all his financial sources.
Wife can get maintenance for all her reasonable needs.
If they have children she can ask for maintenance for children too.
Amount of maintenance can be monthly amount or it can be lump sum amount.
Also Read- 498 A NOW AND THEN.
A wife’s right to maintenance is over when :
- She remarries or
- Has a romantic relationship with another person.
- If she earns enough for maintaining herself on her own.
As no wife who earns gets maintenance.
Husband has to raise these questions before Court to satisfy Court that there is no need of giving maintenance.
Also Read- 498A LATEST UPDATE BY SUPREME COURT
If husband do not give maintenance according to court’s order what can a woman do :
The wife has to approach court and has to bring a civil suit against her husband.
Court can then take a charge of his property.
Conclusion.
Maintenance is the best tool to sustain life after divorce.
Note : Consult a lawyer for getting Divorce and avail your rights and get maintenance from your husband. For more info on the subject, please dial 99888-17966.
