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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

6 days ago

Can the wife claim property after divorce?

When the Marriage Laws (Amendment) Bill was moved or proposed by the United Progressive Alliance (UPA) government led by Congress in 2010 in the Rajya Sabha, couples were hopeful that their exit from their troubled marriage would be easier in comparison with the legal wrangling previously. If the Bill had passed, separated couples would have been able to seek divorce under the plea that the marriage cannot be revived or the rift is irreconcilable. This Bill also alluded to getting rid of the six-month mandatory cooling period followed by a year of separation prior to couples filing for mutual consent divorce. There were those with dogged determination opposing the move citing far-reaching negative consequences, a Parliamentary Standing Committee, suggested the addition of a new clause in the draft, that as far as property rights women can stake a claim to the property of their former husbands.The committee was of the opinion that women with property rights staking a claim on their former husband’s property would result in monetary implication which may deter former husbands who might be misusing the provisions of the clause that the Marriage is beyond redemption. The committee also let the courts decide what ought to be the ex-wife’s share in the ex-husband’s property. According to the Hindu law that is currently in effect, as any property lawyer would advise, a woman can rightfully stake a claim on her ex-husband’s property only after the ex-husband passes away. As marital bonds are deemed sacred and eternal, there aren’t any strong arguments in the current property law should a couple decide to split. They qualify for maintenance only. Any possible inheritance of the ancestral property of an ex-wife’s husband in future, as well as self-acquired property, would be excluded from the settlement. Only in the case of a jointly-owned property that an ex-wife can stake a claim while getting divorced which could be quite mind-boggling.The owner of the property actually is the person in whose name the property has been registered. In other words, in the eyes of the law, he is the actual sole owner. If the husband’s name is on the property registration documents then he is the one and only owner. Any possible claims of the ex-wife of having contributed to purchasing the property would have to be proven in a court of law. If the property was purchased using the ex-wife’s savings, the details of her account as proof would suffice. Alternatively, if she pays her monthly EMIs then it would be visible on her bank statement. If that is indeed the case, then the contribution made by each party would be decided by the court and the property would be divided accordingly. In case of the property registered in the ex-wife’s name only, she would be the sole claimant of the entire property during settlement. If the ex-husband’s contribution can be proven, the court in all likelihood order partitioning of the property according to the facts presented before the court. If in case both the ex-spouses are joint owners of the property, it would be prudent to finalize their shares according to their contribution in purchasing the property and partitioning it accordingly. The other option is selling the property and sharing the sale proceeds. If a loan as co-applicants was taken to purchase the property the estranged couple would need to split their liabilities including loan repayment, as well. The couple may decide to offload the property or a co-applicant might want to transfer the loan in their own name and be liable to pay off the loan after buying out the share of the other party. One ought to be aware of the fact that the bank would assess or analyze the whole situation prior to permitting loan transfer to a single person as the very basis of granting the loan was that the couple was found to be eligible on the basis of combined repayment.  For a detailed discussion with a lawyer of your choice you might want to contact Vidhikarya Legal Services where you would be connected to best lawyers. 

Posted By

Avik Chakravorty

2 weeks ago

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