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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

14 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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Adrian Phillips

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Partner

Practicing Court

: Delhi

Location

: Maharashtra, Mumbai City

State Bar Council

: Maharashtra

Reviews & Ratings(View Reviews)

An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big.

Professional Summary

Adrian is a Partner on ASKD-We Resolve Legal Assocites LLP. The Firm has been set up in order to use the money earned by legal work done by the Firm to support work against Child abuse.


Adrian has been an advocate for 19 years now and has been working in the area of Human trafficking for nearly 11 of those years during which time he has led and supervised a team of 35 legal advocates and interns and has partnered with governmental and other non-governmental organizations on several projects.


The first 8 - 9 Years were spent addressing matters that were the concern of Civil Law adressing various kinds of matters from Property to Family law.


The Next 11 years were spent addressing Criminal Law particularly all kinds of Women and Child abuse including those matters arising out of human trafficking. While doing this Adrian and his team supported the prosecution where needed and represented victims, their families and NGOs that supported such victims. Adrian and his team has been responsible for India's single largest conviction of human traffickers.


He supported the Central and State Governments with several documents like Standard Operating Procedures, Ready Reckoners and so on several of which were put up on the various Government Websites. He also represented NGOs on different Drafting Committees for Law and Rules.


During the latter part of this decade Adrian managed the Civil and Corporate aspects of legal work for NGO including being responsible for their compliance and other Corporate related Matters. This included Contracts and Vendor Agreements and MOUs.


Presently the majority of the Firm's work addresses Civil and Corporate matters. We specialize in RERA and other Property Matters. We also handle all kinds of Applications and Registered matters both in Courts as well as in Tribunals. A considerable part of the Firm's work also deals with Litigation.





Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Real Estate 10 years 300 Specialization in RERA Matters
Property 10 years 300 All Manner of Property Matters
Human Rights 11 years 400 Specialists in Child Rights and abuse against Women and Children

Secondary Expertise

Expertise In

Real Estate

Experience 10 years

Number of Cases 300

Specialization in RERA Matters

Property

Experience 10 years

Number of Cases 300

All Manner of Property Matters

Human Rights

Experience 11 years

Number of Cases 400

Specialists in Child Rights and abuse against Women and Children

Practicing Court Name

Delhi

Supreme Court

Bombay High Court, Calcutta High Court, Karnataka High Court, Chennai High Court, Allahabad High Court, High COurt of Telengana

High Court

City Civil and Session Court in Mumbai, Thane, NAvi Mumbai

Sessions Court

Educations

LL.M

Mumbai University

LL.B

Mumbai University

Bachelors

St. Xaviers College, Mumbai

Other Info

No. of juniors with me

-1

Size of my team

-1

No. of intern work per year

-1

Publications

Child Sexual Abuse in Institutionalized Settings

3 / 2019

Other Legal Experience

ASKD-We Resolve Legal Associates LLP

Associate/Partner in a Law firm

Represented several NGOs in different capacities

Others

Other Achievements

Responsible for India's largest successful Conviction of Human Traffickers

2 / 2017

Use of Video Conferencing for recording evidence from Bangladesh to India for the first time

2 / 2015

Organised SAARC LAW Conference attended by the Chief Justice of India and Sitting Judges from across SAARC Countries

3 / 2018

Images

Panel on the Role of Media. West Bengal
Panel on the Use of Technology in Human Trafficking - Asia Society
With the President of India the Honourable Ram Nath Kovind at Rashtrapati Bhavan
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