Help for the case

Dear Client,
In the given scenario, considering your present financial constraint, you can apply to the Member Secretary, the State Legal Services Authority seeking free legal aid available to women under Section 12(c) of the Legal Services Authorities Act, 1987 to contest the appeal filed by your husband before the High Court challenging the order of trial court to meet the end of justice. In this context, be informed that interim maintenance, temporary financial support during legal proceedings, can be granted under Section 23 of the Domestic Violence Act (DV Act), Section 24 of the Hindu Marriage Act (HMA), and Section 125 of the Code of Criminal Procedure (CrPC). and any person having sufficient means is liable to support his wife and children, provided that she is unable to maintain herself and her children. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh Vs. Neha (2021(2) SCC 324). Said criteria include the parties’ status, the respondent (Wife) needs, the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the party's minor children’s maintenance, and illness or disability, etc. Maintenance is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The Gauhati High Court has recently observed that if the husband is healthy, able-bodied and in a position to support himself, he is under the legal obligation to support his wife. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. In the case of Sunita Kachwaha & Ors. versus Anil Kachwaha (2014), the Supreme Court held that the mere fact that the wife was earning some income could not be enough to disentitle her from her right to maintenance. As regards the quantum of alimony/maintenance in divorce cases, there is no set rule for paying the one-time amount of alimony/maintenance. However, the court can grant one-third or one-fifth of the husband's or wife's net worth as alimony or maintenance. If alimony/maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth. To enforce maintenance orders, the Court can issue various orders, including attachment of the salary or property of the husband. Non-compliance can also lead to imprisonment, as per Section 125(3) of Cr. PC. So, it is advisable to defend your case before the High Court by adducing substantial evidence that supports your claim availing of the free legal aid/services from the State Legal Services Authority available to women under Section 12(c) of the Legal Services Authorities Act, 1987 to meet the end of justice.