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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

19 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 Motor Accident Lawyers in India

ANIL KUMAR PC

ADVOCATE
Exp
Ernakulam , Kerala

Specialization

  • Motor Accident
  • Cyber, Internet, Information Technology
  • Banking
  • Cheque Bounce
  • Consumer Protection
'Standing counsel of a Government Company in the High Court of Kerala ,with proven efficiency to handle all types of Cases in High Court and other Courts. Able to handle any sort of cases to render justice to the clients.We are experts in Cyber and telecommunication laws View Full Profile
Total Answers Given : 10

Rajeev Srivastava

Senior Advocate
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Motor Accident
  • Civil
  • Criminal
  • Divorce
  • Domestic Violence
Practising since 1984. I am having good experience in handling the cases related with Crime, Matrimonial, accident claims, workmen compensation claims . Real estate disputes, Insurance cases, and consumer cases View Full Profile
Total Answers Given : 10

VLN Prasad

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Motor Accident
  • Corporate and Incorporation
  • Cheque Bounce
  • Cyber, Internet, Information Technology
  • Arbitration and Mediation
Total Answers Given : 6

SUMER JAIN

ADVOCATE
Exp
Central Delhi , Delhi

Specialization

  • Motor Accident
  • Family
  • Criminal
  • Cheque Bounce
  • Divorce
I am having experience in civil law, criminal matters, arbitration, environment matters, commercial, civil matters. I have cleared the all India bar examination and I am eligible to practice pan India. I had even represented government as well as private clients, individuals as well as companies. View Full Profile
Total Answers Given : 5

Prashant Gupta

Advocate
Exp
Chandigarh , Chandigarh

Specialization

  • Motor Accident
  • Cyber, Internet, Information Technology
  • Human Rights
  • Administrative Law
  • Commercial
I am practising Lawyer before Hon'ble High Court of Punjab and Haryana Chandigarh and Various Tribunals and Lower Court at Chandigarh ,Panchkula and Mohali. My post qualification experience is 10 Years. View Full Profile
Total Answers Given : 3

Advocate Ganesh Kumar Dhruwanshi

Advocate
Exp
Durg , Chhattisgarh

Specialization

  • Motor Accident
  • Criminal
  • Divorce
  • Family
  • Work Permits
I am an advocate I can handle all types of cases for exampl civil, criminal, flame, family court, consumer court, labour court etc I am proude to be a lawyer God has select to be me fir this noble job............. View Full Profile
Total Answers Given : 3

Adithya Kumar HR

Independent law practitioner
Exp
Bangalore , Karnataka

Specialization

  • Motor Accident
  • Banking
  • Cheque Bounce
  • Bankruptcy and Debt
  • Civil
Legal Practitioner... View Full Profile
Total Answers Given : 1

Ankush Chaudhary

Advocate
Exp
Delhi , Delhi

Specialization

  • Motor Accident
  • Divorce
  • Criminal
  • Domestic Violence
  • Family
Contact me for any kind of legal help View Full Profile
Total Answers Given : 1

Sheetal Bhutada

Advocate
Exp
Pune , Maharashtra

Specialization

  • Motor Accident
  • Criminal
  • Cheque Bounce
  • Family
  • Domestic Violence
Passionate Lawyer. Professional to provide Legal guidance and support. View Full Profile
Total Answers Given : 1

Deva A S Gibsons

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Motor Accident
  • 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
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  • What is Motor Accident Laws?
  • What is the need for Motor Accident Laws?
  • How is Motor Accident 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 Motor Accident Laws related queries and also guide you on how to resolve this matter with ease.

About the Motor Accident Laws


Due to a congestion of cars coupled with neglectful negligence has led to a rise in road accidents. Road accidents are caused due to multiple factors like faulty vehicle, faulty roads, the road user, and so on.

Regularizing and Legal Recognition of Motor Accident Laws


The major legislation in this topic is The Motor Vehicles Act 1988.

As per the 7th Schedule of the Indian Constitution, India has a list system according to which the jurisdiction of legislating on certain matters is enumerated. As per Entry 23 of List A to the Seventh Schedule, the subject of motor vehicles is regulated by the Central Government.

There is a Union Ministry of Road Transport & Highways. The transport wing of this ministry regulates issues related to road transport which is inclusive of motor vehicle legislation.

Some of the laws that are related to the topic are:

  • The Carriage by Road Act 2007
  • The Motor Vehicles Act 1988
  • The National Highways Act 1956
  • The National Highways Authority of India Act 1988
  • The Control of National Highways (Land and Traffic) Act 2002
  • The Multimodal Transportation of Goods Act 1993
  • The Fatal Accidents Act 1855
  • Indian Penal Code 1860

Some important facts and cases about and under Motor Accident Laws


The Motor Vehicles Act is applicable to the whole of India. It talks about matters related to the maximum time for which a motor vehicle might be used. Section 59 of the Act gives the power to fix the age limit of a motor vehicle. Central government has the power to make rules as per Section 110, and Section 111 confers the power on State Governments to make certain rules.

The speed limit is dealt with under Section 112 of the Act. Various types of offences re recognised as per the Act, to list a few are Sections3-6, 23, 36, 112, 129, 185, 189, and so on. Section 129 is with respect to the usage of protective head gear. Section 185 is with respect to a drunken person driving or a person under the influence of drugs in charge of a vehicle.

Due sensitization of the automobile engineers and those connected with sale, servicing and maintenance of vehicles to the provisions of the Motor Vehicles Act 1988 is a functional necessity. Section 304A of the Indian Penal Code confers criminal liability for the rash and negligent acts of a driver. A man who is driving or riding holds a definitive obligation to control his vehicle. Such a man is prima facie blameworthy of negligence if his vehicle dashes into something or somebody unless he has motivation to clarify that he made every effort to monitor the vehicle however the mishap was inescapable. This rule was set up in the milestone case of Ratlam v.s Emperor.

On account of Chintaram v.s State of Madhya Pradesh, the deceased was strolling on the widely appealing so the blamed was driving by the left for the street endeavouring to keep a separation from her. At the point when the accused reached near the perished she suddenly took a left turn and got struck by the cruiser. For this situation, the accused was not careless. The whimsical choice of the casualty did not give any sensible time to the motorcyclist to maintain a strategic distance from her so he was acquitted.

Some other provisions of the Indian Penal Code which deal with the subject of Motor Accident Laws are Section 279, 336 to 338, 427, etc.

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