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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

21 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

4 days ago

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Consult Top IT Contracts Lawyers in India

Aprajita Pundhir

Advocate
Exp
Pune , Maharashtra

Specialization

  • IT Contracts
  • 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

Juhi Purohit

Managing Partner
Exp
Delhi , Delhi

Specialization

  • IT Contracts
  • Contracts and Agreements
  • Corporate and Incorporation
  • Partnership
  • Employment And Labour
Juhi Purohit is a Company Secretary in Practice and lawyer, started her own practice in New Delhi 2017. She is a law graduate and also accomplish bachelor degrees in E- commerce. View Full Profile

Jatin Adhav

Advocate
Exp
Pune , Maharashtra

Specialization

  • IT Contracts
  • Employment and Labour
  • Government Contracts
  • Human Rights
  • International Laws
Having 10+ years of experience in employment, labour, family, civil, criminal and corporate laws, having worked with very large sized organizations and given advice to International and national companies and individuals. View Full Profile

Harshad Rathod

Legal Counsel / Advocate
Exp
Pune , Maharashtra

Specialization

  • IT Contracts
  • Commercial
  • Contracts And Agreements
  • Arbitration And Mediation
  • Administrative Law
Second generation in the legal profession. I am practising legal counsel at HNR LEGAL which is a prominent law firm, having its head office in the city of Pune India. Our practise is before the Pune District Court, Bombay High Court , NCLT , NGT, Arbitration Tribunal Seated in India & Abroad. View Full Profile

Richa Saraf

Legal Advisor
Exp
Kolkata , West Bengal

Specialization

  • IT Contracts
  • Bankruptcy and Debt
  • Contracts and Agreements
  • Power Of Attorney
  • Government Contracts

Snehal Vakilna Hemant Kumar Cyber Lawyer Surat

Cyber Lawyer, Cyber Security and Data Privacy laws Expert Lawyer
Exp
Surat , Gujarat

Specialization

  • IT Contracts
  • Cyber, Internet, Information Technology
  • Administrative Law
  • Advertising
  • Contracts And Agreements
Snehal Vakilna First Cyber Lawyer, Cyber Security Expert, Data Protection & Privacy Laws Specialist, Creative Speaker & Author Surat Gujarat India. Mr. Snehal Vakilna An Advocate who could be designated as an pioneer in the field of Cyber crimes and Cyber laws in Surat Gujarat. View Full Profile

Kundan Kumar Verma

Notary advocate
Exp
Dhanbad , Jharkhand

Specialization

  • IT Contracts
  • Motor Accident
  • Landlord And Tenant
  • Sale Of Goods
All family dispute,criminal cases ,M.V.ACTand notary services View Full Profile

SV Geetha Rani

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • IT Contracts
  • Divorce
  • Contracts And Agreements
  • Documentation
  • Landlord And Tenant
Practicing at High Court Chennai and also all districts of TN. All kinds of Civil , criminal , family , Domestic Violence ,Consumer , Accident claims , cheque cases , company law cases handled . AlsoProperty opinions , documentation , registrations, dispute solvingetc. View Full Profile

Ashish Mittal

Advocate
Exp
Jodhpur , Rajasthan

Specialization

  • IT Contracts
  • Police Laws
  • Corporate And Incorporation
  • Debt And Lending Agreement
  • Trust And Society (NGO)
Advocate Ashish Mittal is a qualified legal professional. He is an expert in Civil, Right to Information, Tax and practicing since 2017. He has argued in the cases related to His area of expertise. He deals with the matter related to His area of expertise before District Court, High Court . He i View Full Profile

Sanket Saoji

Advocate
Exp
Buldhana , Maharashtra

Specialization

  • IT Contracts
  • Banking
  • Arbitration And Mediation
  • Commercial
  • Cyber, Internet, Information Technology
Expert in Banking sector for registration, recovery, Finance Documentation. Corporate Compliance experience. View Full Profile
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  • What is IT Contracts or E-Contracts?
  • What is the need for IT Contracts?
  • Examples of IT Contracts?
  • What is Electronic Commerce or E-Commerce?
  • How are IT contracts regularized?
  • How is IT Contracts legally recognized in India?

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

About the IT Contracts


Electronic commerce has advanced and numerous issues are evacuated using web-based business which stream as a conventional data. Electronic commerce is a method for the transaction of business electronically and is related with the purchasing and offering of data, items and administrations over mechanized correspondence systems. However, it is a substantially more extensive term incorporating Electronic Data Interchange as well as different types of correspondences, for example, Electronic Mail and Electronic Bulletin Board.

E-Contracts


With the development and relentless development of e– commerce, there is a brisk height in the utilization of e-contracts. Yet, the idea of e-contract is as yet not unclouded, it faces parcel of difficulties. The law of contract in India gives a statutory acknowledgment to the basic contractual run the show. The Indian Contract Act, 1872 does not set out the rights and obligations which the law will authorize yet it manages the restricting standards, subject to which gatherings may make right and obligations for themselves.

Some of the most commonly recognised e-contracts are-

  • Shrink-wrap agreements – mostly observed in instances of software products buying. In such agreements, the opening of the software automatically enforces the terms & conditions on the software. These are accepted at the time of the installation.
  • Click-wrap agreements – these agreements refer to the web based agreements in which the consent is given by way of choosing ‘I Agree’ or ‘Ok’ and so on.
  • Browse-wrap agreements – refers to an agreement made with the intent of binding multiple parties, usually by way of acceptance for certain policies in cases of continuous use.

Regularizing and Legal Recognition of IT Contracts


In India, all the contracts are governed as per the Indian Contract Act 1872, as per which any contract in contravention to the principles mentioned in the Act are incorrect contracts. Section 4 of The Information Technology Act 2000, provided for legal recognition to electronic contracts and records formed thereby.

Electronic contracts are essentially contracts that are regulated by both the Information Technology Act 2000, and the Indian Contract Act 1872. As per the case of ‘Lalman Shukla v. Gauri Datt’, the terms of service, etc. must always be made visible and reasonably communicated to the user, therefore, a mere link to the concerned terms would not be sufficient. Section 85A of the Indian Evidence Act provides for the validity of electronic contracts. Section 10(A) of the Information Technology Act 2008 also provides for the validity of e-contracts, it states the following-

“Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.”

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