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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 Juvenile Lawyers in India

Vinay Kashyap Adv. Tel: 7814701230

Advocate
Exp
Gurdaspur , Punjab

Specialization

  • Juvenile
  • Criminal
  • Cheque Bounce
  • Civil
  • Commercial
I deal in civil, criminal, cheque cases, complaint, bail matters, anticipatory bail, family matters, maintenance & divorce cases, property cases, accident cases and other legal matters. Feel free for any legal help or query. View Full Profile

Snehal Vakilna Hemant Kumar Cyber Lawyer Surat

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

Specialization

  • Juvenile
  • 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

Manu Nautiyal

Advocate
Exp
Rishikesh , Uttarakhand

Specialization

  • Juvenile
  • Cheque Bounce
  • Child Custody
  • Contracts And Agreements
  • Power Of Attorney
Handling all legal services works View Full Profile

Mallikarjuna K H

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Juvenile
  • Criminal
  • Administrative Law
  • Animal Laws
  • Child Custody
Mallikarjuna advocate Bangalore I have completed my graduation in 2008 View Full Profile

Adesh Sharma

Senior Advocate
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Juvenile
  • Criminal
  • Child Custody
  • Cyber, Internet, Information Technology
  • Domestic Violence
I am Adesh sharma and i handle your case immediately and i save your life View Full Profile

ADV. VIKRAM SONAWANE

ADVOCATE
Exp
Mumbai , Maharashtra

Specialization

  • Juvenile
  • Cheque Bounce
  • Criminal
  • Domestic Violence
  • Family
i done the my practice with genuine way which my client get justices from court. SATYAMEV JAYATE View Full Profile

sunita padhi

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Juvenile
  • Criminal
  • Landlord And Tenant
  • Military Laws
  • Police Laws
Timely attention, Quality & compassion matters for justice. View Full Profile

NAGABHUSHANAM KOPPULA

ADVOCATE
Exp
Vijayawada , Andhra Pradesh

Specialization

  • Juvenile
  • Family
  • Civil
  • Divorce
  • Insurance
Practicing advocate in Vijayawada, Family, Criminal, Banking, Civil cases View Full Profile

M S Naveen

Advocatr
Exp
Shimoga , Karnataka

Specialization

  • Juvenile
  • Insurance
  • Contracts And Agreements
  • Arbitration And Mediation
  • Administrative Law
Work is worship for me View Full Profile

Mahaprasad Guha

Advocate
Exp
Jalpaiguri , West Bengal

Specialization

  • Juvenile
  • Criminal
  • Landlord And Tenant
  • Power Of Attorney
  • Registration
I am practicing as a criminal and civil Advocate for more then 19 years of experence. View Full Profile
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  • What is Juvenile Laws?
  • What is the need for Juvenile Laws?
  • What is Foster Care?
  • How are Juvenile Laws regularized?
  • How is Juvenile Laws 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 Juvenile Laws related queries and also guide you on how to resolve this matter with ease.

About the Juvenile Laws


Juvenile Laws primarily aim at providing a special, and sensitised approach to Juveniles who have been regarded as Country’s greatest asset. These laws have a progressive intent behind them and its primary act, the “Juvenile Justice (care and Protection of Children) Act was recently amended following the event of the heinous Delhi Gang Rape that happened in 2012’s December, the Nirbhaya Case.

One of the features of Juvenile Laws is that the mode of prosecution and prescribed punishments are different. In 2014 as per the sources of Indian Express, agents of the terrorist organisation ‘Lashkar-e-Toiba’ asked its agents to claim their age to be under 18 when caught as that would make their prosecution under ‘Juvenile Justice Act’(instead of the Indian Penal Code) the maximum punishment for which is 3 years.

Regularizing and Legal Recognition of Juvenile Laws


Juvenile Justice (Care and Protection of Children) Act, 2015: On 15th January, 2016 this Act came into force. It introduced the concept of ‘foster care’ in the country. Foster Care refers to the concept of foster parents nurturing children to benefit their growth and identity without maintaining control of a child’s assets or rights, the foster parents are also not under an obligation to make the foster child a legal heir to their property. The most prominent feature of this Act is enactment of a new ‘Judicial Waiver System’ which refers to the system of circumstantial treatment of minors as adults for the processes of criminal justice system.

Corporal punishment attracts a fine of Rs. 50,000 or imprisonment up to 3 years, a person providing alcohol/drugs to child can be punished with imprisonment for a period upto 7 years and/or fine of Rs. 1,00,000. These are some of the other provisions of this Act.

For the execution of the principle of ‘Judicial Waiver System’, provision for constituting a new Juvenile Justice Board has been made. This board would consist of psychologists, sociologists, etc. who would take the decision on whether a minor should be tried as an adult or not if his crime is of a heinous nature.

Parents now get a re-consideration period of three months instead of one month if they give up their child for adoption.

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