Maintenance and Alimony: How-to Guide on Conditions, Procedure and Laws in India
Indian Law provides right to claim maintenance, whether the divorce is filed or not, and whether the divorce proceedings have started or not. The following sections provide information about the maintenance in case of Hindu Marriage:
- Section 125 Cr.P.C. (Criminal Procedure Code)
- Section 20 of Protection of Women from Domestic Violence
- Section 18 of Hindu Adoption and Maintenance Act
- Section 24 and 25 oif Hindu Marriage Act
Its objective is to provide means and provisions for the spouse with lesser means, although it is mostly the man who is asked to give maintenance in the cases and seldom are men found to be financial beneficiaries in such a case. Whether a man or woman, we help both in maintenance cases, as the judiciary is generally tilted towards women in such cases.
In competition matters, the court gets involved and makes your mind up the issue of alimony/maintenance on the intrinsic worth of each case. The power of the court to grant alimony is not some degree of to cases where the pronouncement is obtained by the wife. Courts have supremacy to grant alimony to the wife even where the husband is granted a announcement. It is quite probable there may be no alimony/maintenance awarded at all depending upon the facts and situation of the case. Assessment of the quantity of permanent alimony is entirely the court’s discretion.
Working women get maintenance/alimony after a divorce in India
The concept behind such recognition is that a wife is deprived of many comforts after she leaves the matrimonial home. The monetary comfort from her husband gives her some solace. She might be living in her parental house but even then she has to incur some expenses. She does not get that support which she would have got in case she had been residing in the matrimonial home. It is the duty of the husband to maintain his wife and it has to be put on a higher pedestal. Even if the wife is employed, she is entitled for the status and standard of living.