Indian laws declare a legally wedded woman as a wife. She has the right to get a certain sum of maintenance without divorce, as she is considered as the responsibility of her husband. In case the husband refuses her share, she can go to the court and get an order against her husband to provide her maintenance. Maintenance cases are criminal law suits. Lawyers at Divorce Lawyer Delhi handle maintenance cases with great consideration and secure your rights for you.
Maintenance Is Your Legal Right
India provides her female citizens the right to maintenance without divorce. Hindu Marriage Act defines maintenance as the provision of financial support to your wife. Not only the wife is entitled to the financial support but also are parents and children, dependent on the nature of the case. Section 125 of Criminal Procedure Code (CrPC), 1973 provides neglected wives with remedies to seek maintenance.
Maintenance Rights Under Indian Laws
India gives wives the right to get financial support through the court if their spouses don’t provide them enough. The size of the maintenance sum is fixed after the court takes into account incomes of the husband and the wife. Maintenance laws are aimed at providing sufficient livelihood to the wife so that she may support herself and the children.
Maintenance rights range from the right of the wife to the house of her husband to the right to equal share of property.
In India wives also enjoy certain maintenance rights which are governed by religious decrees or social customs but are not always covered by the country’s legal system.
Maintenance laws ensure that your husband pays you a lump-sump sum or monthly installments whichever suits you. Both spouses have the option to settle the maintenance amount through settlement or abiding by an order received from the court.
Situations In Which You Can Ask For Maintenance
Section 18 of Hindu Adoption and Maintenance Act 1956 provides a Hindu wife to claim maintenance from her husband if he is found guilty of desertion, cruelty and polygamy. Section 25 of the act gives permanent alimony and maintenance to the wife and children.
A Lawyer Can Help You
Our lawyers realize the gravity of your financial troubles, and act fast and professionally to secure your rights. We deploy every trick up our sleeves to reach a reasonable settlement. If your case goes to the court, we fight aggressively.
The working woman is not eligible to claim maintenance. This is because the condition of maintenance is that the claimant should not have a regular income. Working women aren't dependent on their spouses because they are employed.
Maintenance and alimony are two different things. Alimony is paid in a lump sum usually after a divorce, while maintenance is paid over a continuous period of time to support the spouse.
If a husband is unable to work or is mentally or physically impaired, he can receive maintenance from his wife. The court will require him to prove that he is unable to earn.
If the husband fails to pay the maintenance money due to no cause, his wife can file a criminal case against him. The court can issue a charge against him to secure the award.
The maintenance rights of a spouse are one of the most powerful legal instruments in the hands of neglected wives, divorced women, or women living apart from their husbands. They can live a happily and fulfilled life.
A divorce lawyer is recommended to help you claim maintenance in either a lump sum or monthly payments.