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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 Mail Fraud Lawyers in India

Mohd Asif Azad

Director
Exp
Agra , Uttar Pradesh

Specialization

  • Mail Fraud
  • Divorce
  • Criminal
  • Family
  • Sexual Harassment At Workplace
Senior advocate expertise in criminal.civil.muslim court marriage.family law etc View Full Profile
Total Answers Given : 2

JAYASELAN JK

Lawyer
Exp
Tiruchirappalli , Tamil Nadu

Specialization

  • Mail Fraud
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
  • Equipment Finance and Leasing
  • Government Contracts
Total Answers Given : 2

Arvind Tripathi

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Mail Fraud
  • Civil
  • Criminal
  • Cheque Bounce
  • Divorce
Mr. Arvind Tripathi, Advocate is an Advocate with 30 years of experience in Civil and Criminal matters. He specializes in Service and Bail matters. He runs a Law Firm by the name of Mimansa Law Firm which is very reputed firm in the whole of Uttar Pradesh. View Full Profile
Total Answers Given : 2

Bhaskar Mallela

B. Tech, LLB
Exp
Hyderabad , Telangana

Specialization

  • Mail Fraud
  • Divorce
  • Sexual Harassment At Workplace
Hi, This is Bhaskar Mallela From Mithra Law Firm.. If you want any legal suggestions call me (9703077070) Thank you.. View Full Profile
Total Answers Given : 1

Jatin Sharma

Advocate and Legal Consultant
Exp
South Delhi , Delhi

Specialization

  • Mail Fraud
  • Advertising
  • Animal Laws
  • Aviation
  • Debt and Lending Agreement
Total Answers Given : 1

Vishal Saxena

Advocate
Exp
South Delhi , Delhi

Specialization

  • Mail Fraud
  • Advertising
  • Animal Laws
  • Aviation
  • Debt And Lending Agreement
Total Answers Given : 1

Amit Verma

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Mail Fraud
  • Advertising
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
  • Environment and Natural Resources

Ramesh Babu Kasetty

Lawyer and Legal Consultant for Business
Exp
Hyderabad , Andhra Pradesh

Specialization

  • Mail Fraud
  • Contracts and Agreements
  • Criminal
  • Civil
  • Debt And Lending Agreement
Mr. Ramesh Kasetty is a highly experience and qualified law professional. He graduated in Law from Osmania University and has enormous knowledge on Contract drafting and reviewing, Trademark Process, Litigation services, Document review, Legal Notices, Bail petitions and other court matters in India View Full Profile

RANJAN KUMAR ROY

lawyer
Exp
Kolkata , West Bengal

Specialization

  • Mail Fraud
  • Animal Laws
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
  • Government Contracts

Kishore Kumar Patnaik

Advocate
Exp
Koraput , Orissa

Specialization

  • Mail Fraud
  • Debt and Lending Agreement
  • Environment and Natural Resources
  • Government Contracts
  • Intellectual Property
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  • What is Mail Fraud Laws?
  • What is the need for Mail Fraud Laws?
  • How is Mail Fraud Laws legally recognized in India?
  • What are the examples of Mail Fraud?

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

About the Mail Fraud Laws


Mail fraud occurs when mail services, or other internet services are used in furtherance of a criminal act to rob someone of their property or ‘honest services’.

In India, there are several legal provisions which are in place to deal with the offences that may happen with the usage of Internet. The principles of Indian Penal Code enjoy universal application to all the cases wherein the provisions can be attracted. For example fraudulent emails can be tried under the purview of Section 420 of the Indian Penal Code.

Regularizing and Legal Recognition of Mail Fraud Laws


India has a special statue called The Information Technology Act 2000 which deals with the issues related to the IT domain. There are several types of provisions which can deal with offences under this Act, some of them are-

  • Chapter IX-Offences-66 – about hacking with computer system
  • Section 43 – which is about destroying, altering, or deleting information in a computer resource which ends up in diminishing its value or utility or affects it injuriously
  • Section 66C – which is about punishment for identity theft. The text says that- Whoever, fraudulently or dishonestly make use of electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
  • Section 66D – Punishment for cheating by personation by using computer resource.

The text says that-

Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

Some facts about Mail Fraud Laws


The offence of phishing has gained prominence in the recent years. Black’s law dictionary defines Phishing as an act of illegally gaining access to a computer, stealing private information and then utilizing that information for harmful activities. Phishing is usually popular through various email frauds and internet related activities

Some common examples of mail fraud, and other cyber- crime email account hacking, web defacement, introduction of viruses/worm/Trojans/and so on, credit card fraud, etc.

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