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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

20 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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Shantaram Changdev Bedekar

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Lawyer

Practicing Court

: RAIGAD, THANE & MUMBAI

Location

: Maharashtra, Raigad

State Bar Council

: Maharashtra

Reviews & Ratings(View Reviews)

I am practising in Civil-Criminal matters in various courts of maharashtra. Presently handling cases in Raigad, Thane, Navi mumbai, mumbai areas. I can appear anywhere in indian court. I am dealing in matters i.e. land dispute, real estate property, consumers, family disputes, divorce,will,successio

Professional Summary

I am practitioner in Land Laws, Property and Real Estate Law, Litigation and Non litigation, Dispute Resolution, Criminal Law, Family Law, Labour law. I can appear in all courts of Maharashtra & Goa and tribunals in India. I represent owners, buyers, developers, contractors, builders, flat purchasers, individual persons etc. Advice is also given on all aspects of disputes, strategic planning; disputes in the real estate, flat purchasers, Investigation of property title, issuing public notice and steps required to comply with, purchase/sale of property, drafting various legal documents, Registration works

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Documentation 6 years 100 Various types of legal documents under the provision of MOFA, Contract Act, Transfer of Property Act... Read More
Civil 6 years 30 Presently handling more than 30 matters under the provision of Civil Procedure code in Panvel, Uran ... Read More
Cheque Bounce 6 years 5 Presently handling 5 cheque bounced cases in Panvel court under Sec. 138 of Negotiable Instrument Ac... Read More
Criminal 6 years 15 Presently practicing on more than 15 matters under various sections of Criminal procedure Code, IPC.
Divorce 5 years 3 3 matters handled and 2 matters are presently handling under hindu marriage act for divorce and sepe... Read More
Power of Attorney 6 years 30 Executed and registered more than 30 Power of attorney in Raigad, Navi Mumbai Registration office in... Read More
Intellectual Property, Copyright, Patent, Trademar 3 years 3 Legal notices has been sent in more than 5 matters under Trademarks Act and Coordinate and observed ... Read More
Property 6 years 12 Presenlty handling 12 land property matters in Civil Court, & SDO Panvel. It pertains to MLRC, Land ... Read More
Real Estate 2 years 5 Under the provision of RERA, handled more than 5 project registration and documentation work for rea... Read More
Registration 6 years 60 Handling registration work since last 6 years before the sub-registrar offices in Raigad & Navi mumb... Read More
Will 5 years 3 Drafting and registration done for 3 will.
RTI 6 years 35 Obtained information under RTI act from various government authorities and also filed appeal where t... Read More
Sale 6 years 350 More than 350 sale agreements prepared for the Developers between Developer and Purchaser for flat ... Read More
Mergers and Acquisition 6 years 35 Documentation done for the acquiring land rights from the original land owners for the development p... Read More
Consumer Protection 6 years 4 Presently handling consumer matters before district and state forum
Domestic Violence 6 years 2 I am handling domestic violence matters in panvel court
Intellectual Property, Copyright, Patent, Trademar 7 years 5 Handled trademark / IPA complaints before IPAB mumbai and trademark suit before sr div. Civil panvel... Read More

Secondary Expertise

Expertise In

Documentation

Experience 6 years

Number of Cases 100

Various types of legal documents under the provision of MOFA, Contract Act, Transfer of Property Act and other laws, i.e. Agreements, Memorandum of Understanding, Power of Attorney, Affidavits, Legal Notices, Public Notices, Deed, Will, Lis Pendens, Title Certificate. Also drafting related to court matters i.e. Civil & Criminal matters - Plaint, Written Statement, Affidavit, Affidavit in reply, miscellaneous applications, private complaint, cheque bounce cases, divorce cases etc.

Civil

Experience 6 years

Number of Cases 30

Presently handling more than 30 matters under the provision of Civil Procedure code in Panvel, Uran and alibag court.

Cheque Bounce

Experience 6 years

Number of Cases 5

Presently handling 5 cheque bounced cases in Panvel court under Sec. 138 of Negotiable Instrument Act.

Criminal

Experience 6 years

Number of Cases 15

Presently practicing on more than 15 matters under various sections of Criminal procedure Code, IPC.

Divorce

Experience 5 years

Number of Cases 3

3 matters handled and 2 matters are presently handling under hindu marriage act for divorce and seperation

Power of Attorney

Experience 6 years

Number of Cases 30

Executed and registered more than 30 Power of attorney in Raigad, Navi Mumbai Registration office in regards to power for development, completing sale deal, permissions and approvals etc.

Intellectual Property, Copyright, Patent, Trademar

Experience 3 years

Number of Cases 3

Legal notices has been sent in more than 5 matters under Trademarks Act and Coordinate and observed in 3 matters from last 3 years in the High Court bombay.

Property

Experience 6 years

Number of Cases 12

Presenlty handling 12 land property matters in Civil Court, & SDO Panvel. It pertains to MLRC, Land Acquisition Act, Transfer of property act, contract act .

Real Estate

Experience 2 years

Number of Cases 5

Under the provision of RERA, handled more than 5 project registration and documentation work for real estate project for the builders/ developers.

Registration

Experience 6 years

Number of Cases 60

Handling registration work since last 6 years before the sub-registrar offices in Raigad & Navi mumbai. Registration of Agreement for Sale, Sale deed, Leave & License, Mortgage Deed, Conveyance Deed, Power of Attorney, Will, Gift Deed, Lis Pendense etc.

Will

Experience 5 years

Number of Cases 3

Drafting and registration done for 3 will.

RTI

Experience 6 years

Number of Cases 35

Obtained information under RTI act from various government authorities and also filed appeal where the information not provided by the concerned officials.

Sale

Experience 6 years

Number of Cases 350

More than 350 sale agreements prepared for the Developers between Developer and Purchaser for flat property from 2013 to till today

Mergers and Acquisition

Experience 6 years

Number of Cases 35

Documentation done for the acquiring land rights from the original land owners for the development purpose and also in some cases for the agriculture purpose.

Consumer Protection

Experience 6 years

Number of Cases 4

Presently handling consumer matters before district and state forum

Domestic Violence

Experience 6 years

Number of Cases 2

I am handling domestic violence matters in panvel court

Intellectual Property, Copyright, Patent, Trademar

Experience 7 years

Number of Cases 5

Handled trademark / IPA complaints before IPAB mumbai and trademark suit before sr div. Civil panvel raigad

Other Areas of Expertise

Practicing Court Name

RAIGAD, THANE & MUMBAI

Practitioner in High Court, City Civil Court, Session Court, Civil Court, Small Cause, Cooperative Court in Mumbai, Navi Mumbai - Thane, Panvel, Belapur, Uran, Pen, Karjat, Khalapur, Alibag

High Court

Educations

LL.B

Other Info

No. of juniors with me

1

Size of my team

3

No. of intern work per year

-1

Other Legal Experience

Prajapati Developers - Providing legal assistance since last 5 years

Legal Counsel

Legal Adviser with Shree Ganesh Enterprises - Builders, Developers & Contractors since last 5 years

Empaneled with Organizations

S K Techno Constructions - providing legal assistance since last 4 years

Empaneled with Organizations

Terraform Realty -providing Legal assistance since last 1 year

Empaneled with Organizations

Presenting through various advocates in civil and criminal matters in Panvel, Uran, Thane and Alibag courts

Others

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