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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

18 hours 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

3 days ago

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Consult Top Industrial Lawyers in India

Deva A S Gibsons

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Industrial Laws
  • Divorce
  • Civil
  • Criminal
  • Administrative Law
I have been practicing since 2014 November, I am having 4 year 9 months of experience in related field like (divorce, criminal ,civil )etc. View Full Profile

Md Thajuddin

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Industrial Laws
  • Civil
  • Criminal
  • Child Custody
  • Commercial
My self is good person and hardworking and kind hearted one View Full Profile

vishnu vi

Solicitor
Exp
Warangal , Telangana

Specialization

  • Industrial Laws
  • Criminal
Success is my motto. View Full Profile

Anitha gutti

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Industrial Laws
  • Civil
  • Banking
  • Insurance
  • Employment And Labour
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

BALAJI K

LAWYER
Exp
Kanchipuram , Tamil Nadu

Specialization

  • Industrial Laws
  • Civil
  • Registration
  • Arbitration and Mediation
  • Criminal
I have been handling various cases Like civil and criminal nature, arbitration, Labor disputes, execution Proceeding, all kind of drafting the deeds, statements, MoU. View Full Profile

Dip Jyoti Chakraborty

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Industrial Laws
  • Administrative Law
  • Criminal
  • Election Campaign and Political Laws
  • Employment and Labour
Practicing Advocate at Calcutta High Court. Deals with Writ, Labour, Service Matter, Arbitration, Energy Law, Education Law, Contract, Insolvency & Etc. View Full Profile

vivek pathak

ADVOCATE
Exp
New Delhi , Delhi

Specialization

  • Industrial Laws
  • Contracts and Agreements
  • Arbitration and Mediation
  • Debt and Lending Agreement
  • Intellectual Property, Copyright, Patent, Trademar
My ability to determine strategy in the context of clients’ business objectives and experience in understanding aims and expectation is a fundamental factor in achieving regular success. View Full Profile

Anil Saxena

Attorney
Exp
Alwar , Rajasthan

Specialization

  • Industrial Laws
  • Customs, Excise
  • Tax-GST
  • Commercial
  • Family
I have total 38 years experience. I am dealing in GST, Central Excise, Service Tax, Revenue, Criminal, Consumer court etc. matters View Full Profile

Aprajita Pundhir

Advocate
Exp
Pune , Maharashtra

Specialization

  • Industrial Laws
  • Commercial
  • Contracts and Agreements
  • Corporate and Incorporation
  • Cyber, Internet, Information Technology
Corporate Lawyer, Insolvency Professional, GST Practitioner and a Fellow CS with over 15 years of experience in Corporate Legal and commercial Advising, Contracts drafting & management, Employee Relationship, Restructuring, GST, IPO, M&A, FDI, ODI, Start up, Intellectual Property, Private Equity. View Full Profile

M S Naveen

Advocatr
Exp
Shimoga , Karnataka

Specialization

  • Industrial Laws
  • Insurance
  • Contracts And Agreements
  • Arbitration And Mediation
  • Administrative Law
Work is worship for me View Full Profile
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  • What are Industrial Laws?
  • What is an “Industry”?
  • What areas are covered by the Industrial Laws?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Industrial Laws related queries and also guide you on how to resolve this matter with ease.

About the Industrial Laws


As per Section 2 (j) of the Industrial Disputes Act 1947, ‘industry’ refers to any trade, undertaking, business, manufacture, or calling of employers and includes any service, employment, calling, handicraft or industrial occupation or avocation of workmen”.

What are the applicable laws to the Industrial Sector?


  • Minimum Wages Act 1948
  • Payment of Bonus Act 1972
  • Factories Act 1948
  • Mines Act 1952
  • Employee’s Provident Funds and Miscellaneous Provisions Act 1952
  • Industrial Disputes Act 1947
  • The Contract Labour (Prohibition and Regulation) Act 1970

Some important facts of Industrial Laws


Industrial Disputes Act is the primary law with respect to the topic of Industrial laws. It is an Act to make arrangement for the examination and settlement of industrial question, and for certain different purposes. Section 7A of the Act makes provision for setting up of tribunals to ensure delivery of justice.

The Industrial Disputes Act is applicable to the whole of India, the different provided forms of dispute resolution are collective bargaining, arbitration, conciliation, adjudication, mediation, etc. Collective dealing is a strategy by which disputes of employment are settled genially, calmly and intentionally by settlement between worker's organizations and administrations. The technique for collective haggling in settling the Industrial question, while keeping up industrial peace has been perceived as the bed shake of the Act. Under the arrangement of the Act, the settlement touched base at by procedure of collective bartering with the business has been given a statutory acknowledgment under Section 18 of the Act. Section 6 of the Act enables the administration to constitute a court of request, for inquisitive into any issue relating to an Industrial Dispute. The technique of the court of request has likewise been endorsed by Section 11. While the report of the court isn't binding on the parties, many time it results in an agreement.

The aim of monitoring contract labour is achieved through, The Contract Labour (Prohibition and Regulation) Act 1970. Certain provisions of the Employees Provident Fund Act talk about the kind of retirement benefits.

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