Every person has its basic needs such as clothes,food, living space, and other needful requirements to lead a better life as per the principle of natural justice it is the mere duty of the man to provide such financial support to his wife, old parents and children in the form of maintenance, there are certain maintenance law in India that lays and enables, duty for the , man to provide maintenance to the wife, children and his parents who are not able to maintain themselves the amount for maintenance is either given at one time or by the monthly instalments,the law of maintenance is mainly mentioned under section 125 of the Code of Criminal Procedure 1973, this law not only provide maintenance to the wife but also to the old aged parents and children.
What is Alimony?
When any of the couple makes a decision to end their marital
life by giving or by consenting to get divorce through the medium of divorce lawyer in Delhi
or the divorce
lawyer in Mumbai or at any other place where the couples belongs, the spouse
usually have to pay some monetary compensation to the other so that they can
maintain themselves and live up a standard life that they need after the
divorce, these compensation are mandatory and is basically paid by the spouse
who is financially strong.
The family court can direct the spouse to pay alimony if the
court proceeding is pending, which we call it maintenance either paid one time
in a lump sum amount or paid in instalments depending on the court.
In order to get the divorce the couple choose the best
lawyers such as divorce lawyers in Delhi, divorce lawyers in Patna or divorce
lawyer in Kolkata or any other place to initiate and finalise such proceedings.
Law that Governs alimony in India
As we all know India is a land of diverse religions,
therefore every religion has its own alimony laws in India.
Alimony Under the
Hindu Law
·
One needs an expert divorce lawyer as per the
requirement to get alimony. For example, people of Delhi will need a divorce
lawyer in Delhi, People of Ranchi will need a divorce lawyer in Ranchi, people
in Kolkata will need a divorce lawyer in Kolkata.
·
Under section 24 of the Hindu Marriage act 1955
both the spouse either the husband or the wife are eligible to claim
maintenance from the other spouse as required or as per the circumstances,
·
There is no discrimination based on male or
female, but some of the factors are taken into the consideration, these factors
are the income of the spouse, how much they earn, the status of their
employment, liabilities etc.
·
As per the mutual divorce the amount of alimony
is decided mutually where either has to pay the mutually decided amount, but in
the case of consented divorce the alimony issue is decided as per the case.
The wife has also the other option to get
maintained as per section 18 of the Hindu Adoption and maintenance act 1956.
The wife is entitled on the following grounds and these
grounds are:-
·
If the wife is being abandoned by the husband
without any reasonable
·
No consent from wife
·
Conversion of religion by the husband
·
Husband married to other women
·
The wife has any other reason to live separately
·
Under section 23 of this act the court has the
power to decide the maintenance award to the wife.
Alimony Under Muslim
law
The provision for the maintenance/alimony for the Muslim
women is given under the Muslim women (Protection of rights of divorce)
·
Reasonable amount to be paid during the iddat
period
·
An amount that is equal to the dowry to be paid
Also the maintenance is claimable by the separating wife if
·
The wife is still unmarried and not able to
maintain herself after the Iddat period
·
And unable to support her children if she had
Alimony under the
Christian Law
As per the section
36,37 and 38 of the Indian Divorce act 1869, the maintenance of Christian wife
is given.
Section 36 of the Divorce act says, about the petition for
the expenses and alimony when the suit is in proceedings
Section 37 Provides the information regarding permanent
alimony.
Section 38 ensures the Alimony is paid in due prescribed
time
Condition the parents
of the wife demand for alimony after divorce.
·
Wife’s parents can claim alimony for her when she is not able to
convey her
·
After the divorce, she leads to insanity
·
If she dies and leaves children who are minor
·
If a wife is not able to maintain herself
How can Lead India
help?
Lead India have an expert divorce lawyer in Delhi, divorce
lawyer in Kolkata and many other parts of India who will help you get the
maintenance paid and get the divorce easily.
Visit
us: - https://www.leadindia.law
Call
Us: - +91-8800788535
Email:
care@leadindia.law
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- https://www.youtube.com/c/LeadIndiaLawAssociates
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