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Can a Husband get Maintenance from his Wife?

For both spouses, divorce is as stressful as its challenging. Finance among other key aspects of divorce can only be handled by an expert financial advisor for their clients. There are legal services connecting top lawyers to clients and in the process facilitate effective assistance in a wide variety of financial issues including and transcending alimony/ maintenance, financial security, asset/property distribution, child support, financial planning after divorce and the resultant tax implications.According to divorce lawyers, after divorce alimony payment to the husband by the wife is enforceable by the husband but whether or not the wife is liable to pay alimony/maintenance is for the courts to decide and accordingly take a call on granting the same. Maintenance and expenses of proceedings If it appears to the court in any proceeding u/s 24 of the Hindu Marriage Act 1955 that either the husband or the wife whatever be the case, is not financially independent enough to be self-supporting and to afford the proceeding’s necessary expenses let alone child custody after divorce, it may, contingent upon the husband or the wife applying for a divorce petition, the court orders the respondent to ensure that the petitioner gets paid on account of the expenses of the proceeding an amount commensurate with the petitioner’s own income and that of the respondent it may appear to be reasonable to the court. Permanent alimony and maintenance(1) Courts with jurisdiction according to section 25 of the Hindu Marriage Act 1955 can, while passing a decree or subsequently, on the basis of an application made to the court for permanent alimony and maintenance by either spouse, as may actually be the case, decree that the respondent pay the applicant for either spouse’s maintenance and support a gross monthly amount or an amount periodically with the term of the payment not to exceed the lifetime of the applicant commensurate with the income of the respondent and the applicant’s any other property, the parties conduct, and other situations relevant to the case, the court may deem it to be just and fair in securing similar payments if required by putting a lien on the respondent’s immoveable property.(2) The satisfaction of the Court in regards to the possible altered situation of either party after the order has been passed under sub-section (1) of section 25 of the Hindu Marriage Act 1955 is vital. The Court may still at the behest of either the husband or the wife, modify, vary, or rescind such orders according to the best judgment of the court.(3) Should the Court be satisfied with the fact that the order passed in favor of a party remarries or, if the said party happens to be the wife, who is not chaste or if the said party happens to be the husband, who may have had  an extramarital affair, the court may similarly at the behest of the other husband or the wife as the case may be, vary, modify or rescind such orders in a way the court may deem fair and just.Amongst other rights validated by divorce and matrimonial laws, the most crucial right is the right of receiving and claiming alimony or maintenance. Usually, alimony is an allowance which the husband has to pay to the wife following the orders of the court for the wife’s sustenance.   There are five distinct communities that constitute our society including Hindus, Muslims, Christians, Parsis, and Jews. The personal laws of each community are derived from customs, traditions and religious scriptures. Therefore, the purpose of a Hindu woman seeking divorce and alimony, for example, may differ from community to community. Likewise, the law on alimony and maintenance may vary as the applicable personal law keeps changing from community to community. Under the Hindu Marriage Act, 1955 for example, both spouses have a legal entitlement towards permanent alimony and maintenance. If the couple remarries though, under the Special Marriage Act 1954, it's only the wife who would be entitled to permanent alimony and maintenance. In the case of mutual consent divorce of a couple, it's for the couples to arrive at an agreement as to whether or not any alimony or maintenance payments are to be made by any of the parties. In cases of this nature, alimony/maintenance payments can go both ways; the husband to the wife as well as the wife to the husband based on how well the couples understand each other. The court’s passing of the divorce decree is based on the terms agreed-upon among couples. The decree is binding on the couple and is enforceable by a court of law.The hot topic these days regarding divorce is whether or not ex-husbands can claim maintenance from their ex-wives. It has always been the other way round. The blog talks about maintenance and expenses of proceedings as well as permanent alimony and maintenance.Get in touch with Vidhikarya Legal Services, an enabler or facilitator when it comes to connecting clients to best lawyers with huge experience in handling family and marital issues.

Posted By

Avik Chakravorty

1 day ago

What Happens When Court Notice Is Not Received?

In civil proceedingsIf anyone is unresponsive to a summons also known as legal notice the court would respond by or the course of action of the court would be initiating ex parte legal proceedings which would entail the plaintiff proving his claim through the legal procedure as well as by evidencing supporting his claim. The Indian courts though usually provide yet another chance to the person unresponsive to a summons by resending it.     Summons according to a civil lawyer are of two types; firstly; normal summons if the other party resides or is doing business in the local jurisdiction of the court in which case the court notice would be sent via process server medium who is essentially a court employee with summoning responsibility. None other than he himself would deliver the summons and make a note on the reverse of the summons copy for the court’s review and consideration. Secondly, if the party happens to live outside the court’s jurisdiction then dasti legal notice is a provision which means hand delivery of court notice wherein the party itself ought to ensure that the summons is delivered presenting proof of mode of delivery; a delivery slip of post office for example and evidencing delivery in court.    In criminal proceedingsCriminal proceedings rule is stricter with the court issuing bailable or nonbailable warrant should the person not respond to a legal notice. In India though, a bailable warrant is usually issued by the court at first in which case the person summoned is required to give a bail guarantee and he is duty-bound to be present in court on the mentioned date in the warrant. In the case of a non-bailable warrant, there would be arraignment of the person and the person would be presented in the court or in other words, court appearance of the person would be arranged by the police.In case of summons in a civil case, people filing the case as plaintiffs and the opponents are defendants, the plaintiff’s position is stronger and there is a strong possibility that an ex-parte order would benefit the plaintiff. In the case of criminal summons, the court would probably issue bailable as well as a non-bailable warrant against the defendant. The court may even proclaim the defendant to be an absconder and an offender, with notice published in a newspaper and as if this wasn’t enough, the court may even have a lien on the property.No response from a person to a court notice would result in the court issuing an arrest warrant against the person. In extreme cases, lookout notice may be issued as well.If you want to consult further with a top lawyer on what might be the consequences of not responding to a court notice or not receiving a court notice get in touch with Vidhikarya Legal Services

Posted By

Avik Chakravorty

4 days ago

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Consult Top Banking Lawyers in India

M.P. SANJAY sanjay SANJAY

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Banking
  • Civil
  • Adoption
  • Contracts and Agreements
  • Cheque Bounce
I am practicing advocate, I am practicing in High Court of Telengana & and Andhra Pradesh, City Civil Courts, District Courts of Ranga Reddy District. I am having 17 years of standing. In dealing with matters like Civil, Banking, Properties, Family Matters, Services matters, Writs, Criminal cases. View Full Profile
Total Answers Given : 1

AJAY GAUTAM

Advocate
Exp
Jabalpur , Madhya Pradesh

Specialization

  • Banking
  • Criminal
  • Bankruptcy And Debt
  • Arbitration And Mediation
  • Commercial
Jabalpur Advocates Lawyers High Court DRT CAT Jabalpur Advocates Lawyers View Full Profile

satisha Patnaik

Panel Advocate
Exp
Hyderabad , Andhra Pradesh

Specialization

  • Banking
  • Cheque Bounce
  • Arbitration And Mediation
Panel Lawyer for Banks and NBFC in Hyderabad View Full Profile

Anitha gutti

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Banking
  • Civil
  • Insurance
  • Employment And Labour
  • Contracts And Agreements
Since having completed graduation in law, presently continuing as practicing lawyer in both Civil, corporate and banking laws before courts, Tribunals , experienced in drafting various court documents and legal opinions. Also working in corporate legal departments of different industrial sectors. View Full Profile

Yohan Grace

individual
Exp
Bangalore , Karnataka

Specialization

  • Banking
  • Criminal
  • Civil
  • Consumer Protection
  • Cheque Bounce
I am practice in all the court of district and as well as in Highcourt. Handle all type of cases. Pref View Full Profile

RC Law Offices RC

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Banking
  • Consumer Protection
  • Criminal
  • Civil
  • Contracts and Agreements
RC Law Offices is a full service law firm having offices in Chennai and Hyderabad providing legal services to individuals and business enterprises. Our core area of practice is IPR, Family law, Criminal law, real estate,Corporate, Dispute Resolution and Arbitration, Real Estate, Banking & Finance. View Full Profile

Ranjana Sharma Dhupar

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Banking
  • Divorce
  • Cheque Bounce
  • Contracts and Agreements
  • Debt And Lending Agreement
Attorney with three years of experience. View Full Profile

Barun Ghosh

Sr. Lawyer , Sr. P.P. In-Charge
Exp
Kolkata , West Bengal

Specialization

  • Banking
  • Adoption
  • Cheque Bounce
  • Child Custody
  • Civil
I am an individual lawyer with associates having background in finance law and accounts as Cost Accountant and dedicated to professional excellence, personal and high quality support and effective solution oriented advocacy with proper due diligence in litigated matters and also strategizing them. View Full Profile

RAVISH RAJ

advocate
Exp
Patna , Bihar

Specialization

  • Banking
  • Cheque Bounce

MOHAN ILAYARAJA

ADVOCATE
Exp
Puducherry , Puducherry

Specialization

  • Banking
  • Civil
  • Cheque Bounce
  • Consumer Protection
  • Divorce
Dealing in all Civil, Consumer, Banking laws, SARFAESI Act, NI matters, and Family litigations etc in Puducherry and Proficient in drafting and vetting various documents, legal documents including Deeds and Agreements and Legal Opinions, empanelled in several banking institutions View Full Profile
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  • What are the banking laws in India?
  • What are applicable laws and regulations relating to banking?
  • Why do banking laws exist?
  • How does the government regulate the banks in India?
  • Can bank take money out of your account without your permission?

What are the banking laws in India?


Banking laws aim at providing a legal framework to Banking. These law are required for the smooth, and unquestionable process of working of banks, ambiguity or legal hassle of any sort w.r.t banks can result in massive monetary repercussions, these laws aim at the avoidance of those.

Some of the applicable laws to this topic:


  • Negotiable Instruments Act, 1881
  • Banking Regulation Act, 1949
  • Reserve Bank of India Act, 1934
  • Banking Companies (Acquisition and Transfer of Understandings) Act, 1970
  • Finance Act, 2011
  • Foreign Exchange Management Act, 1999

The period of present day banking backpedals to late eighteenth century. Bank of Hindostan was one of the first to be built up in the year 1770. It was the State Bank of India, which established the framework of present day banking in India post-independence in 1955. SBI was the amalgamation of 3 banks subsidized by the pre independence administration government, to be specific Bank of Bengal, Bank of Madras and Bank of Bombay. Concerning the focal banking expert (or might be alluded as statutory body), for long Presidency Banks acted in this position, till in 1935 Reserve Bank Of India (RBI), assumed control over the position, after the 1934 Reserve bank of India act was passed.

As per Section 131 of the Income Tax Act 1961, income tax authorities enjoy the same powers as those vested in a Court under the Code of Civil Procedure 1908. The banker may unveil the condition of his client's record keeping in mind the end goal to legitimately ensure his own particular interest. For instance, if the banker needs to recover the due loan from the client or the guarantor, exposure of important realities to the guarantor or the specialist ends up noticeably vital and is much legitimized.

RBI has made certain guidelines for the facilitation of better experience to the customers. The Banking Regulation Act 1949, gives the Reserve Bank of India (RBI) the ability to license banks, have direction over shareholding and voting privileges of shareholders; oversee the arrangement of the boards and administration; manage the operations of banks; set down guidelines for reviews; control ban, mergers and liquidation; issue orders in light of a legitimate concern for open great and on saving money strategy, and force punishments.

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