Last Updated on December 7, 2019 by Legalseva.net
What is Maintenance?
Maintenance is a legal order in which court orders one capable spouse to maintain the other. It can be interim, permanent, or alimony. It can be ordered to give in lump sum or on monthly basis. It will be decided according to the earning capacity of the spouse. Court order maintenance up to extent to fulfill all the basic needs and the standard of living with wife was enjoying in matrimonial house. It can be increased or decreased with the material changes in the circumstances of any of the spouse.
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According to section 3(b) of Hindu Adoption and Maintenance Act 1956: “in all cases, provisions for food , clothing, residence, education and medical attendance and treatment; in the case of an unmarried daughter, also the reasonable expenses of an incident to her marriage.”
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Laws on Maintenance:
- Section 125 of Cr.p.c.
- Sec 24&25 of Hindu Marriage Act 1955. (Either of the spouses can claim).
- Under provisions of Hindu Adoption & Maintenance Act, 1956.
- Under Provisions of Protection of women from the Domestic Violence Act.
Right to claim Maintenance is an independent right under Hindu Marriage Act as it cannot be controlled by Hindu Adoption and Maintenance Act. However, jurisdiction of the court cannot be restricted on the basis that maintenance is claimed also under other act\law but Court can while fixing the quantum of maintained take it in consideration and according to that fix the quantum of maintenance.
Also Read- MAINTENANCE IS YOUR RIGHT WHEN YOU CAN’T.
But while counting the maintenance husband’s parents property cannot be counted because it is the duty of the husband to maintain his wife not of the parents of the husband. Also if husband have old parents maintenance can be reduced. Even an unemployed husband cannot be forced to pay maintenance. Capability of the husband must to be taken into consideration.
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Who can claim Maintenance?
- Wife unable to maintains herself, Wife includes :
(a) Legally wedded wife.
(b) Divorced wife.
(c) Seconded wife.
(d) live-in-relationship wife
(e) Muslim wife.
2. Minor children (Legitimate or Illegitimate, adoptive)
3. Parents.
4. Unmarried daughter.
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Who is not entitled to get Maintenance?
- Wife living in Adultery.
- Wife without any sufficient reason refuse to live with the husband.
- Living separately by mutual consent.
- Capable working women.
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When Maintenance?
Maintenance can be claimed by a divorced wife even after the divorce if she is unable to maintain herself. If she waived off her right to maintenance even then she can claim under section 125 of CRPC. Wife who deserted her husband even then she has right to claim maintenance. Even an earning wife can claim under section 125 of CRPC according to HC of Kerala in Alphorns Joseph versus Anand Joseph (2018).
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Recently, a matter took before Supreme Court of India by a man of UP who is paying 20,000 per month as a maintenance as directed by Allahabad High Court, in which question to be decided was “whether a wife who lives with her husband have right to claim maintenance or not? Or can husband be set free from to pay maintenance?”
The matter was heard on Oct 4 by bench of justice SK Kaul and KM Joseph. Notice was issued to wife to appear before the court and husband was ordered to continue paying 10,000 maintenance until the hearing was completed and stayed the payment of balance monthly for now.
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Conclusion:
Though there are many laws on maintenance under which right to maintenance is an independent right and it cannot be waived off and not to be affected on the basis that maintenance is already claimed under any other law, even then different question on law point can come before Supreme Court of India.
Rest you can always seek free legal advice from top/expert/best Maintenance Lawers/Advocates in Chandigarh Panchkula Mohali practicing in District Courts.
Also Read- INTERIM MAINTENANCE UNDER DIVORCE ACT
This post is written by Advocate Jaspreet Kaur practicing with LegalSeva Law Firm (Matrimonial/Divorce/Family Disputes) Experts. For more info on subject, please dial 99888-17966.
