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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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Richa Saraf

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Legal Advisor

Practicing Court

: National Company Law Tribunal

Location

: West Bengal, Kolkata

State Bar Council

: Karnataka

Reviews & Ratings(View Reviews)

Professional Summary

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Bankruptcy and Debt 2 years 10 ? Advisory on various provisions of Insolvency and Bankruptcy Code, 2016 and relevant regulations th... Read More
Contracts and Agreements 3 years 50 ? Drafted loan agreements, share purchase agreements, lease agreements, retainership agreement, part... Read More

Secondary Expertise

Expertise In

Bankruptcy and Debt

Experience 2 years

Number of Cases 10

? Advisory on various provisions of Insolvency and Bankruptcy Code, 2016 and relevant regulations thereunder, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Companies Act, 2013. ? Assisted the resolution professional and the liquidator during the corporate insolvency resolution process and liquidation proceedings. The scope of work included preparation of information memorandum, progress reports, evaluation matrix, verification of claims, drafting of notices, ballot papers, agendas and minutes of the meetings of committee of creditors. ? Drafted Applications, Interlocutory Applications, Reply, Affidavits, Reports and written submisions to be filed before National Company Law Tribunal. ? Attended proceedings before National Company Law Tribunal, Kolkata Bench and Mumbai Bench. ? Rendering end to end services w.r.t. incorporation, corporate insolvency resolution process and liquidation (compulsory and voluntary). ? Attended shareholders’ meeting and board meetings and meeting of committee of creditors in various capacities, such as the representative of resolution professional, on behalf of resolution applicant and for financial creditor.

Contracts and Agreements

Experience 3 years

Number of Cases 50

? Drafted loan agreements, share purchase agreements, lease agreements, retainership agreement, partnership agreements, non-disclosure agreements, inter-vertical service agreement, assignment agreements, pre- incorporation agreements, rent agreements, hire- purchase agreements, inventory finance agreement, trustee agreement, pledge agreement, LLP agreement, vendor agreement, employment agreement, facility agreement, and franchise agreement. ? Negotiation and review of the terms of interim finance agreements, O & M agreement, service agreements, retainership agreements, collateral management service agreement, loan agreement and assignment agreement.

Practicing Court Name

National Company Law Tribunal

Tribunal

Educations

LL.B

Other Info

No. of juniors with me

-1

Size of my team

-1

No. of intern work per year

-1

Publications

Inapplicability Of Limitation Act To Insolvency And Bankruptcy Code?

8 / 2017

Restrictive Remedy under Section 14 of the SARFAESI Act

9 / 2017

The NCLAT on the Ability of a Power of Attorney Holder to Initiate Insolvency Proceedings

9 / 2017

Deciphering “DISPUTE” in Insolvency and Bankruptcy Code

9 / 2017

Time Limit Prescribed In IBC- Not Mandatory

10 / 2017

Application Under SARFAESI: Supreme Court’s Liberal Approach

10 / 2017

Provisions of disqualification of directors are retrospective or prospective: An insight view

10 / 2017

Liability of Guarantor and Principal Debtor is Co-Extensive and Not in Alternative

2 / 2019

Ineligibility criteria u/s 29A of IBC- A net too wide!

2 / 2018

Resolution Plans to Subsume Statutory Dues?

3 / 2018

Insolvency Code: Plights and Rights of Operational Creditors

5 / 2018

Liquidation before Resolution?

5 / 2018

Financial Exposure of Secured Creditors and the Relevance of Vertical Comparison in Resolution

5 / 2018

Corporate Insolvency: Fraudulent Transactions and Look-Back Period

7 / 2018

Concept of Related Party: Interpretation by Letter or Spirit of the IBC?

8 / 2018

Fraudulent Initiation of Insolvency Proceedings

8 / 2018

Position of secured creditors in liquidation proceedings

7 / 2018

Reversibility of Liquidation Order?

9 / 2018

Moratorium during Liquidation: Scope and Effect

9 / 2018

Liquidation Process (Second Amendment) Regulations: An Analysis

10 / 2018

Whether a Refund of Advance is an Operational Debt?

12 / 2018

Role of the Adjudicating Authority in Considering a Resolution Plan

12 / 2018

Other Legal Experience

Chambers of Jayashri Murali

Associate/Partner in a Law firm

Vinod Kothari Consultants Pvt. Ltd.

Legal Counsel

Other Achievements

Quoted by Economic Times in an article “High Court disallows parallel proceedings in NCLT and DRT

9 / 2017

Speaker at Indian Chamber of Commerce- National Conference on Insolvency and Bankruptcy Reforms: Code Demystified, organized in Bhubaneswar

9 / 2018

Speaker at Pre- Registration Course of Insolvency Professionals, organized by the Insolvency Professional Agency- Institute of Cost Accountants of India

10 / 2018

Speaker at 3- day workshop on Insolvency and Bankruptcy Code, organized by Eastern India Regional Council of the Institute of Chartered Accountants of India

1 / 2019

Speaker at 3- day workshop on Insolvency and Bankruptcy Code, organized by Eastern India Regional Council of the Institute of Chartered Accountants of India

10 / 2018

Images

At a workshop organised by Eastern India Regional Council of The Institute of Chartered Accountants of India
At the National Seminar organised by the International Chamber of Commerce at Bhubaneswar, Odisha
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