Menu
keyboard_backspace
Consult and get Expert Advice on Motor Accident Laws matters from the best Motor Accident Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.

Get Expert Advice Online
from Top Motor Accident Lawyers
in India

Read Blogs to get more Insights

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

{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Motor Accident Lawyers in India

Pratik Duhan

advocate
Exp
Panipat , Haryana

Specialization

  • Motor Accident
  • Cheque Bounce
  • Consumer Protection
  • Divorce
  • Criminal

Khushal Gupta

Advocacte
Exp
Kota , Rajasthan

Specialization

  • Motor Accident
  • Criminal
  • Divorce
  • Domestic Violence
  • Family
I'm practicing since 2009 in district and session court kota Rajasthan. My interested field is metrominal and criminal cases.I'm retainer advocacte District legal services authority kota since 01.04.2015 to 31.03.2018 View Full Profile

Rajneesh Kumar

Advocate
Exp
Saharanpur , Uttar Pradesh

Specialization

  • Motor Accident
  • Criminal
  • Family
  • Divorce
  • Arbitration And Mediation
I have been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 10 years of professional experience in providing legal consultancy and advisory services. View Full Profile

ADVOCATE RAJENDAR YADAV

MANAPURAM GOLD LONE, Legal ADVOCATE, kota
Exp
Kota , Rajasthan

Specialization

  • Motor Accident
  • Criminal
  • Divorce
  • Domestic Violence
  • Family
I am a criminal & accidental death clam matters advocate Practice Kota session court & Rajasthan high court jaipur View Full Profile

Ayush Mishra

Practicing Lawyer
Exp
South Delhi , Delhi

Specialization

  • Motor Accident
  • Divorce
  • Domestic Violence
  • Consumer Protection
  • Landlord And Tenant
I am practicing lawyer having an experience of more than 5 years with exposure and competence on diverse subjects with special focus on matrimonial disputes and consumer forums. Appearing and representing client before Hon'ble Supreme Court of India, High Court of Delhi and other states High Courts. View Full Profile

UPENDRA PRASAD

Advocate
Exp
Gaya , Bihar

Specialization

  • Motor Accident
  • Family
  • Administrative Law
Specialist motor and Railway accident claim case compensation View Full Profile

Ajit Shukla

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Motor Accident
  • Employment and Labour
  • Criminal
  • Civil
  • Administrative Law
I am Serving as an advocate at Allahabad High Court, Lucknow Bench View Full Profile

Girdhari Lal Chaurasia

Advocate
Exp
Agra , Uttar Pradesh

Specialization

  • Motor Accident
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
Advocate Girdhari Lal Chaurasia has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. View Full Profile

Sachin Gupta

Litigation
Exp
Lucknow , Uttar Pradesh

Specialization

  • Motor Accident
  • Criminal
  • Banking
  • Cheque Bounce
  • Civil
about myself i am simple and honest and prefer to be same and loved my profession. After completion of my degree i decided to be a lawyer and remain stick with my decision. i listen my clients very carefully but do not like unwarranted interference. View Full Profile

Devansh Tayal

Advocate
Exp
Meerut , Uttar Pradesh

Specialization

  • Motor Accident
  • Criminal
  • Cyber, Internet, Information Technology
  • Divorce
  • Domestic Violence
I have experience in Criminal, MACT, NDPS, Family law cases and also deals in all other type of legal works. View Full Profile
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • 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.

Request a Callback for Legal Help


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Get the best Lawyer
for your Case

Top Responding Lawyers
on Motor Accident Laws

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 33 Year(s)
Retired Judge
Bangalore
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 2 Year(s)
As a advocate
Aurangabad
96f7af615b9d69fb001d0eabf8624f63.jpg
Experience: 9 Year(s)
Lawyer and legal associate
Nagpur
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 1 Year(s)
Advocate
Kolkata
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Experience: 22 Year(s)
Advocate
Bhubaneswar
a24c9c9c3a743f162cc475c80071fe4c.webp
Experience: 15 Year(s)
Advocate High Court
Kolkata
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 5 Year(s)
Lawyer
New Delhi
4841c22d1a959ded01c071ad410d81b4.webp
Experience: 15 Year(s)
Advocate
Panipat
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
57c4e587eb8d1f8118587949fee03c09.jpg
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
671616bdbd5c66a3fb85bd2a1df8fc88.jpg
Experience: 34 Year(s)
Senior Advocate
Ghaziabad
542aa2c2cbaa8e3bef23c97f5b74d939.jpg
Experience: 17 Year(s)
Advocate
Patna
3d468e1c95191b06fce7.webp
Experience: 18 Year(s)
Advocate / Trial Advocate
Tirunelveli
59e854a50a441a116b44301cc6c50176.webp
Experience: 11 Year(s)
Attorney
South Delhi
bbeb09048874b1d40441.webp
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
e38a8f956f9fe427a840d3e190512525.jpg
Experience: 17 Year(s)
Advocate
Thiruvananthapuram
cc45cf3809e36f0032b274972c66f02c.webp
Experience: 4 Year(s)
Advocate
Faridabad
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 19 Year(s)
Advocate
Bangalore
4a73488007e3ca92d90fa3a7702e1382.jpg
Experience: 6 Year(s)
LAWYER
Roorkee
961cc8522399ab3638f1.jpg
Experience: 4 Year(s)
Advocate
Indore
1694632623db7f2d80a1e4af5ccc6dae.jpg
Experience: 3 Year(s)
Advocate
Pune
9996172c654e9a8761b0.jpg
Experience: 38 Year(s)
Advocate
Bhubaneswar
e8d2b142a717742a8e28b9673f6c00f8.jpg
Experience: 18 Year(s)
Lawyer
New Delhi
f062919f05293ec969b8a21d07e7e792.jpg
Experience: 4 Year(s)
PARTNER
Delhi
090d5a222e6f7cab9481bb4042a79c69.webp
Experience: 20 Year(s)
Dr
New Delhi
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us