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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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KARAN PANDEY

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Associate

Practicing Court

: High Court of Judicature of Telangana, at Hyderabad

Location

: Telangana, Hyderabad

State Bar Council

: Andhra Pradesh

Reviews & Ratings(View Reviews)

I understand the virtues of helping a fellow man and the boons it brings. I have been appearing in matters relating to company laws and I&B Code before the NCLT at Hyderabad and Chennai. I have also appeared before the National and State Consumer Forum and also the Telangana High court at Hyderabad.

Professional Summary

Gokhale Bilolikar & Co.


Associate:

Dates Employed:

July 2018 - Present

Location:

Hyderabad

Description: Part of the Corporate laws team, dealt with matters in and conducted extensive research on, the Insolvency and Bankruptcy Code, 2016 along with Service Tax matters, Arbitration, Trademark Disputes along with Civil, Criminal and Family Matters


Assistant to the Managing Partner

Dates Employed:

Apr 2018 – Dec 2018

Employment Duration:

9 months

Location:

Hyderabad, Telangana, India

Description: Legal Assistant to the Managing Partner. assisted senior in diverse areas of laws including NDPS,IPC 302, 306 and 498A cases. Conducted research on Transfer of property act specifically section 52 and Insolvency and Bankruptcy code. Drafted legal notices, writ petitions and individual insolvency petitions.


Hari Global Advisory, Delhi

Legal Intern

Dates employed:

Jan 2018- Feb 2018

 Areas of Exposure: Worked on Cases related to Indirect Taxation with specific concentration to service tax, Negotiable Instruments Act, Constitution of India and Income tax rules.

Research: Conducted research on disputes between employer and employee; dishonor of cheque; RERA with regards to remedies available to flat owners against builder; constitutional provisions and schemes of government on women empowerment, child rights and human rights.

Drafting: Additional submissions before the Hon’ble Commissioner of Excise and Service Tax.

Articles: case note on Indian Farmer Fertilizer v. Bhadra; Impact of GST on infrastructure sector; 25th amendment of Income Tax Rules.


Stratjuris Partners, Pune

Legal Intern

Dates employed:

Dec 2017- Jan 2018

Areas of Exposure: Researched extensively on E.U.’s General Data Protection Regulation (GDPR) with specific concentration on comparative approach across jurisdiction with regards to data privacy, horizontality of application amongst public and private sector, and consent under GDPR.

Opinions formed: Formed legal opinions and gave suggestions on White Paper for Data Protection and Privacy laws in India.


Chambers of Adv. C.H. Jaltare, Nagpur

Legal Intern

Dates employed:

Aug 2017- Sep 2017

Areas of Exposure: Assisted in cross examinations and analyzing charge-sheet; Assisted in filing of documents; Analyzed medico legal certificates and examinations of witnesses; Observed client counseling and legal opinions provided to the clients. 

Observations: Observed criminal proceedings in a criminal trial at the District & Sessions Court and the JMFC at Nagpur

Research: Conducted extensive research in accordance to the cross examination in cases of IPC 302, 307 and 376


Chambers of Adv. Deoul Pathak and Arpita Joshi Pathak, Nagpur

Legal Intern

Dates employed:

May 2017- July 2017

Drafting Experience: Drafted Civil Suits in Consumer disputes, Trademark infringement suits; First Appeals in reference from awards passed in Land Acquisition matters; Additional Evidence under the provisions of Order 41 Rule 27 of the Code of Civil Procedure; Affidavits of Examination- in- Chief in Civil Suits and Statement of Truth in Trademark Infringement cases.

Research: Carried out extensive research on C.P.C (specifically on order 41, rule 27 and section 96) Indian Evidence Act, The Commercial Courts Act, Land Acquisition Act (specifically on section 54), Consumer Protection Act (section 13 and 14), Maharashtra Land Revenue Code and Constitution of India.

Observations: Proceedings of a 3rd Party Internal Bank Inquiry, State Consumer Forum, District and sessions Court, Bombay High Court


Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Bankruptcy and Debt 1 years 20 Heavily involved in Research work and drafting applications pertaining to I&B Code 2016 and have bee... Read More
Intellectual Property, Copyright, Patent, Trademar 1 years 10 Having extensive knowledge and having given presentation to other legal IP professionals in EU's GDP... Read More
Criminal 1 years 15 dealt with Bail Applications, NDPS Trials and appeals, 302 Trials and appeals as well as 138 NI act ... Read More
Divorce 1 years 5 drafted Divorce Petitions under the Hindu Marriage Act.

Secondary Expertise

Expertise In

Bankruptcy and Debt

Experience 1 years

Number of Cases 20

Heavily involved in Research work and drafting applications pertaining to I&B Code 2016 and have been regularly representing clients before the NCLT

Intellectual Property, Copyright, Patent, Trademar

Experience 1 years

Number of Cases 10

Having extensive knowledge and having given presentation to other legal IP professionals in EU's GDPR as well as have dealt with Trademark Disputes focusing majorly on Passing off

Criminal

Experience 1 years

Number of Cases 15

dealt with Bail Applications, NDPS Trials and appeals, 302 Trials and appeals as well as 138 NI act cases

Divorce

Experience 1 years

Number of Cases 5

drafted Divorce Petitions under the Hindu Marriage Act.

Other Areas of Expertise

Practicing Court Name

High Court of Judicature of Telangana, at Hyderabad

High Court

National Company Law Tribunal, at Hyderabad

Tribunal

Debt Recovery Tribunal, at Hyderabad

Tribunal

State and District Consumer Forum, at Hyderabad

Tribunal

National Company Law Tribunal, at Chennai

Tribunal

Magistrate's court situated at hyderabad

Chief Judicial Magistrate

Family court at Hyderabad

Family Court

Court of Sessions at Hyderabad

Sessions Court

Educations

LL.B

University Law College, Nagpur, Maharashtra

Other Info

No. of juniors with me

-1

Size of my team

10

No. of intern work per year

4

Publications

Linkedin Article

7 / 18

Other Legal Experience

Gokhale Bilolikar & Co.

Associate/Partner in a Law firm

Legal Intern at Stratjuris and partners, Pune

Others

Legal Intern at Hari Global Advisory, at Delhi

Others

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