Maintenance Laws in India
Maintenance is a privilege to get necessities which are sensible from another. It has been held in different cases that maintenance incorporates sustenance, garments and habitation, as well as the things vital for the solace and status in which the individual qualified is sensibly expected for live. Appropriate to maintenance is not a transferable right.
Law is required to change with time. In this way, when ladies beginning expecting proactive parts in the general public, at that point maintenance law in India dealt with this reality and brought the working men and ladies in a similar platform. In number of cases, it was held that Husband is qualified for maintenance on the off chance that he doesn't have adequate means and the spouse is working.
While awarding maintenance, Court considers following factors among other:
- Status of the husband and wife.
- Salary/ Income of the husband
- Salary /Income of the wife
- Liabilities of husband, if any
- Reasonable wants of claimant.
- Financial Background
- Movable & Immovable properties of the Husband
Maintenance under Hindu law:
The alleviation of maintenance is viewed as an auxiliary help and is accessible just after petitioning for the primary help like separation, compensation of marital rights or legal division and so on. Further, under wedding laws if the spouse is prepared to live together with the wife, by and large, the case of wife is vanquished. In any case, the privilege of a wife to dwell independently and assert maintenance, regardless of the possibility that she is not looking for separation or some other major marital alleviation has been perceived in Hindu law alone.
Grounds for maintenance to award:
- The husband is no longer with the wife and deserted her
- Wife has been treated with cruelty
- The husband is under the sickness of virulent form of leprosy
- Husband has another affair, i.e. has another wife living
- The husband keeps the mistress in an indistinguishable house from the wife lives
- The husband has ceased to be a Hindu and have converted to another religion
- Any other cause justifying wife’s separate living
Maintenance under Muslim law:
The Act makes provision for matters connected therewith or incidental thereto. It is apparent that the Act nowhere stipulates that any of the rights available to the Muslim women at the time of the enactment of the Act, has been abrogated, taken away or abridged. The Act lays down under various sections that distinctively lay out the criterion for women to be granted maintenance. Section (a) of the said Act says that divorced woman is entitled to have a reasonable and fair provision and maintenance from her former husband, and the husband must do so within the period of idda and his obligation is not confined to the period of idda.
it further provides that a woman , if not granted maintenance can approach the Wakf board for grant as under section (b)which states that If she fails to get maintenance from her husband, she can claim it from relatives failing which, from the Wakf Board.
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