Karishma Pandit | Legistify

Karishma Pandit
Answered on 18 Sep 2019

The sentence for failure to pay maintenance arises from a failure to obey a court order, which is a criminal offence. Defaulters can be imprisoned for a period not exceeding one year. Send a legal notice to him with the help of a divorce lawyer in India.Read More

Posted on 17 Sep 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 16 Sep 2019

If your wife is well qualified and is earning more than INR 50,000 a month, you are not entitled to pay her any maintenance. A well-qualified woman cannot harass her husband for maintenance. You are not to submit any document for the same. You can defend the maintenance petition with the help of a maintenance case lawyer in India.Read More

Posted on 15 Sep 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 13 Sep 2019

If your mother is dependant upon you, then only you are liable for maintenance. It depends upon case to case for the amount of maintenance. The court will consider your situation whole deicing your matter. Consult a good family lawyer in India to get the best possible results in your matter.Read More

Posted on 11 Sep 2019 | 2 Answers

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 31 Aug 2019

You can send the legal notice to your wife as you are married to her for a long time. The maintenance amount depends upon case to case. Usually, the time duration for divorce proceedings in India varies and differ from place to place and from case to case. Contested divorce matters usually take around 18 to 24 months. You can consult a divorce lawyer in India to know more.Read More

Posted on 30 Aug 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 27 Aug 2019

It is not mandatory that the husband has to pay alimony when a divorce is happening, but if the wife has been dependent on the husband, then the court may pass an order instructing the husband to pay a certain amount as alimony. It does not matter if the procedure of divorce has been mutual contested or contested turned into mutual, the rule for alimony remains the same. Section 125 of the CrPC clearly states that if the spouse is unable to maintain herself due to certainly reasonable inability, then the husband has to provide her with enough alimony to live a life with dignity. The Supreme Court of India set a benchmark that the alimony amount should not be more than 25% of the income of the spouse who is giving the alimony to the dependent spouse. This amount of alimony can be paid in two ways – a hefty amount paid at the time of divorce or paid after the divorce at a regular interval – monthly or quarterly.  If your wife is earning, and you are not able to maintain yourself, then as a husband, you can also file for maintenance. To know more, consult our divorce lawyers in India.Read More

Posted on 16 Aug 2019 | 1 Answer

Advocate Pratik Duhan | Legistify

Advocate Pratik Duhan
Answered on 25 Aug 2019

There is no fix slab for calculating the amount of alimony but the test is to enable the wife to live with the same standard of living which she was enjoying during the marriage. For the purposes of alimony, the husband's source of income and property will be taken into consideration as well as the expenses dealt with by him. The alimony will have to be paid as long as she lives or till she gets remarried. or at the time of divorce, you can pay lumpsum agreed alimony as agreed/compromised upon by the husband and wife.Read More

Posted on 08 Aug 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 24 Aug 2019

Section 25 of the Hindu Marriage Act provides for the grant of permanent alimony and maintenance to any of the party to a marriage at the time of passing any decree under the Act or at any time subsequent thereto. The court shall take into account the status of the opposite party in fixing the amount for maintenance. The court has been empowered to rescind or modify the order at any subsequent stage if the circumstances so warrant; and if petitioner becomes inchoate or remarries at any subsequent stage the court may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just. Therefore, Section 25 is limited to the wife or the husband, who is entitled to seek maintenance. Maintenance under Section 125 of The Code of Criminal Procedure: The object of this provision is to provide a summary remedy to the dependent wife, children, and parents from destitution and to serve a social purpose. The right under these provisions cannot be defeated by anything in the personal law of the parties. Who is Entitled to Maintenance: Wife if she is unable to maintain herself, Legitimate or illegitimate minor child, whether married or not, who is unable to maintain himself or herself Father or mother who is unable to maintain himself or herself, Relief available: Where a person having sufficient means refuses or neglects to maintain the persons eligible as above: A Magistrate of the First Class may, upon proof order such person to pay a monthly allowance at the rate not exceeding RS. 500 on the whole. In case of a minor female married child, the Magistrate may order the father to pay such maintenance, until she attains the age of majority, if the Magistrate is satisfied that the husband of such minor female child is not possessed with sufficient means. "Minor" means a person who has not completed the age of 18 years. "Wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. Where to file the application for maintenance may be filed in the district where He is, i.e. where he works for gain or; He or his wife resides, or; Where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. Limitation: There is no period of limitation prescribed for making an application for maintenance. Exception: No wife shall be entitled to receive an allowance from her husband if: She is living in adultery, or Without any sufficient reason, she refuses to live with her husband, or they are living separately by mutual consent. However, if the husband has married another woman or keeps a mistress, it shall be considered to be just ground for the wife's refusal to live with him.Read More

Posted on 21 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 23 Aug 2019

Yes, you can claim maintenance under section 125 of the CrPC from the husband even without divorce. Any wife having no income to maintain herself or having significantly less income than her husband can claim maintenance from her husband. She can also claim maintenance for her child, even if she is earning, since maintaining the child is the responsibility of the husband as well. Claiming maintenance has no adverse effect on divorce proceeding and husband cannot claim divorce merely on the ground that he is paying maintenance. You can consult a family law lawyer to file for a maintenance petition against the husband.Read More

Posted on 22 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 19 Aug 2019

"Domestic violence" refers to many kinds of abuse committed by a member of a family, a household, or an intimate partner against another member of the family, household, or against the intimate partner. "Domestic Violence" also refers to many forms of abuse committed by one person against another in certain dating relationships or engagements. You can obtain a restraining order to protect you if your abuser harms you physically, tries to harm you physically, makes you afraid that serious physical harm is going to happen to you, or threatens, pressures or forces you. order,"  You can file a divorce case on the grounds of domestic violence and physical abuse with the help of a divorce lawyer.Read More

Posted on 16 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 13 Aug 2019

If the husband fails to pay the interim maintenance to the wife, only a warrant can be issued for levying the said amount by filing an appeal under Section 29 of the DV Act. You can consult a divorce lawyer in India to know more about filing an appeal for execution.Read More

Posted on 11 Aug 2019 | 1 Answer