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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 Outsourcing Agreement Lawyers in India

M.P. SANJAY sanjay SANJAY

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Outsourcing Agreement/Laws
  • Civil
  • Adoption
  • Banking
  • Contracts and Agreements
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

Nishit Shah

Advocate
Exp
South Delhi , Delhi

Specialization

  • Outsourcing Agreement/Laws
  • Civil
  • Criminal
  • Arbitration And Mediation
  • Commercial
Graduated from Chanakya National Law University, Advocate Nishit Shah has been practicing civil as well as criminal law in New Delhi area and he has been regularly appearing before the Hon'ble Supreme Court of India, High Court of Delhi, Districts Courts of Delhi, and all the Tribunals. View Full Profile

Mamta Gautam

Advocate
Exp
Kanshiram Nagar , Uttar Pradesh

Specialization

  • Outsourcing Agreement/Laws
  • RTI
  • Contracts And Agreements
  • Administrative Law
  • Child Custody
I am a professional layer with specifications in all kind of legal documents drafting like contract, lease deed, sell deed, trust deed, will, adoption deed, trust deed etc and also expert in Incorporation of firms, company, society, trust, and LLP etc View Full Profile

Swamy Bnadamidi

ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Outsourcing Agreement/Laws
  • Criminal
  • Bankruptcy And Debt
  • Child Custody
  • Contracts And Agreements
I am having 14 years standing in Advocacy and practicing in Hyderabad courts since 2004 and dealing all types of Cases i.e Civil, Criminal, Family, Motor Accident Claims and Employees Compensation Cases. View Full Profile

Neha Sharma

Legal stratagist
Exp
South Delhi , Delhi

Specialization

  • Outsourcing Agreement/Laws
  • Corporate and Incorporation
  • Contracts and Agreements
  • Government Contracts
  • Privacy

Vikas Malik

Partner
Exp
New Delhi , Delhi

Specialization

  • Outsourcing Agreement/Laws
  • Cheque Bounce
  • International Laws
  • Administrative Law
  • Arbitration And Mediation
Allured by Law and harshly nurtured by the bench and so by the Bar , Skilled in Research, International Law, Corporate Law, Legal Advice, and Criminal Law. Strong professional with a Bachelor of Laws (LL.B.) from Symbiosis Law School View Full Profile

rajat goel

Designated Partner
Exp
Delhi , Delhi

Specialization

  • Outsourcing Agreement/Laws
  • Corporate and Incorporation
  • Bankruptcy and Debt
  • Cheque Bounce
  • Criminal
We deal in every type of matter whether its relate to taxation, secretarial , accounting , audit or legal cases or drafting. whether related to individual or company. View Full Profile

Aishwarya Gaikwad

Lawyer
Exp
Pune , Maharashtra

Specialization

  • Outsourcing Agreement/Laws
  • Contracts and Agreements
  • IT Contracts
  • Will
  • Power of Attorney
As a lawyer, I find passion in this field by knowing that I am in a unique position to help individuals, groups, organizations with their legal problems and further the public good. For me being a lawyer means being a problem-solver, analyst and an innovative thinker. View Full Profile

Aprajita Pundhir

Advocate
Exp
Pune , Maharashtra

Specialization

  • Outsourcing Agreement/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

Siddharth Shankar Pandey

Advocate
Exp
Patna , Bihar

Specialization

  • Outsourcing Agreement/Laws
  • Bankruptcy and Debt
  • Arbitration And Mediation
  • Administrative Law
  • Commercial
I am Practicing Advocate since last 15 years and have handled various high profile litigations successfully before 5 High Courts and also before the Supreme Court of India.Clients can contact me for the PAN INDIA litigations which may be taken up by on payment of my requisite fees View Full Profile
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  • What is Outsourcing Agreement?
  • What Laws are enforceable in Outsourcing Agreement?
  • Why Outsourcing Agreement is necessary?
  • Is Indian Penal Code Applicable if the other party is deviating from the Agreement?
  • Does Indian Contract Act. 1872 Govern outsourcing Agreement?

Capacities which don't identify with the centre skill of a business, are not cost-efficient if performed by the association itself, or are work intensive are regularly outsourced to less expensive organizations which perform them more cost-successfully. Outsourcing is particularly basic in the data innovation division and fund segment. For instance, client benefit, office administration and back-end forms are regularly depended to an outside seller.

What is Outsourcing Agreement & Necessity for Outsourcing Agreement.


Outsourcing Agreement is the Agreement where some or certain part of a Company’s work is handed over to some other company or person for handling such operation. The other person or company to whom such operation or work is handed over is not an employee or sister concern of the company who has outsourced the such work to such company. Now, in order to bind or to create a mutual trust, understanding, Liabilities and monetary aspects between the two companies or we can say between the outsourcer and Outsource such Agreement or Document is necessary.

Which Laws are Applicable to Outsourcing Agreement?


The Laws applicable are Indian Contract Act,1872 which binds the Outsourcer and Outsource into a binding of an Agreement, The Information Technology Act,2000 which comes into picture when such agreement is regarding Software Technology or if there is any software related work which must not be divulged before any outside party for risk of hampering of Business. Intellectual Property Laws in case of Piracy or Copyright related works. Telecommunication Laws in case of Telecommunication Outsourcing, in case of Financial Transactions or related work Outsourced the RBI guidelines, FEMA comes into picture.

Also the Indian Penal Code is applicable in case of Fraud or any act committed which is against the laws of Indian Territory.

What must be Looked into while getting into or making Outsourcing Agreement?


  • Observing the privileges of the customer.
  • The review privileges of the customer.
  • An agreement end provision determining the efficient giving over of information and resources et cetera.
  • Information security issues must be plainly tended to, including the marking of a non-divulgence understanding.
  • Sub-contractual worker issues. In the event that the customer means to hold general control over the exchange, at that point the engagement of any sub-temporary worker by the provider must be liable to the customer's endorsement.
  • The classification of the customer's information must be enough tended to.
  • The responsibility for property rights.
  • A certification or repayment from the provider towards its dedication, including obligation for any disappointment.
  • Possibility arranging of the provider to give business congruity to the outsourced game plans that are material.
  • Adherence by the provider to the customer's inner set of accepted rules (which is a noteworthy issue on account of extensive multinational organizations).
  • The terms on selectiveness ought to be cleared up and assessed against the scenery of the Indian Contract Act (ICA) and the Competition Act.
  • Obligations and commitments at rupture and upon end.

What are the Major Types Of Outsourcing?


The major types of outsourcing agencies are Business Process Outsourcing, Knowledge Process Outsourcing, Legal Process Outsourcing, Recruitment Process Outsourcing, Engineering Process Outsourcing, etc.

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