Any married woman is legally eligible to claim maintenance from her ex-husband after getting a divorce. Our Divorce Lawyer in Delhi will help you get the rightful maintenance settlement so that you could lead your life with freedom and dignity. You deserve to get your rights and find happiness after the separation.
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.
FAQs
You can avoid paying alimony if you can prove that your wife is financially capable of maintaining herself, or if you can prove that the divorce or separation was caused by your wife's misconduct or infidelity. However, it is important to note that each case is unique, and the court will consider various factors before making a decision regarding alimony.
Yes, a wife can claim maintenance or alimony after divorce under Section 125 of the Code of Criminal Procedure or the Hindu Marriage Act. The amount of maintenance depends on various factors, such as the husband's income, the wife's financial needs, and the standard of living during the marriage. It is important to note that laws related to maintenance and alimony can vary, and consulting a legal expert is advisable.
No, maintenance is not mandatory in every divorce case. If a wife wants separation from her husband without any reason, then no matter how bad her financial condition is, the husband won't have to pay a single penny to his wife because only she wants separation, not the husband. Also, if she is working and financially stable, you won't have to provide her maintenance.
Yes, an educated wife can claim maintenance after divorce if she is unable to support herself financially. Education does not necessarily guarantee financial independence, and in many cases, a wife's earning capacity may be lower than that of her husband due to various factors such as employment opportunities, work experience, or family responsibilities.
