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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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Asha Bhuta

LAWYER, PROPRIETOR, PARTNER, MEDIATOR
Exp
Mumbai City , Maharashtra

Specialization

  • Registration
  • Property
  • Arbitration and Mediation
  • Banking
  • Divorce
I AM AN ADVOCATE, ENROLLED WITH BOMBAY BAR ASSOCIATION SINCE 1993. I HAVE MY LAW FIRM BY THE NAME OF BHUTA & ASSOCIATES. I AND MY TEAM PRACTICE IN CIVIL LAW. WE SPECIALIZE IN PROPERTY, BANKING, CORPORATE, FAMILY AND MANY OTHER FIELDS OF LAW. INTEGRITY, SINCERETY AND DETERMINATION IS OUR MOTO. View Full Profile

Inshiya Iqbal

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Exp
Chennai , Tamil Nadu

Specialization

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  • Cheque Bounce
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Passionate lawyer who handles a variety of Legal Matters ethically. View Full Profile

SUNITA BAFNA

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Registration
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  • Cheque Bounce
  • Civil
  • Documentation
Practicing in Bombay High Court, City Civil Court, Small Causes Court, Family Court, Consumer Forums, State Commission, Metropolitan Magistrate Courts, Sessions Courts, DRT, etc... View Full Profile

Gayasuddin khan khan

Senior Advocate
Exp
Bangalore , Karnataka

Specialization

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Iam Taking All Legal Matters Specialization in Tax Laws View Full Profile

Dwara Pallavi

Senior Advocate
Exp
Rajahmundry , Andhra Pradesh

Specialization

  • Registration
  • Civil
  • Child Custody
  • Documentation
  • Family
Lady Advocate with 16 + years of experience in civil litigation, cheque bounce cases, custody of child,etc., and has been practising in the courts at Rajahmundry and around places. View Full Profile

Rameshwar Dadhe

As a advocate
Exp
Aurangabad , Maharashtra

Specialization

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I always ready to fight for justice View Full Profile
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Shanti Ranjan Behera

Advocate
Exp
Bhubaneswar , Orissa

Specialization

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In Practice since last 20+ years. I can handle Civil,Criminal,Election ,Family Law,Human Rights,International Law,MACT,Right to Information ,Railway Claims Tribunal, Banking & Negotiable Instruments, PIL, etc.in the High Court as well as in district Courts in Odisha and other neighbouring states. View Full Profile
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Ved prakash Shaw

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Bhubaneswar , Orissa

Specialization

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Total Answers Given : 132

Adv. Swapnil S Bhalerao

Advocate
Exp
Pune , Maharashtra

Specialization

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  • Arbitration And Mediation
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Highly logical, experienced, solution oriented and client comfort focused while delivering deserved justice. View Full Profile
Total Answers Given : 51

Poonam Manoj Sapate

ADVOCATE
Exp
Mumbai City , Maharashtra

Specialization

  • Registration
  • Cheque Bounce
  • Divorce
  • Civil
  • Criminal
HI, THIS IS ADV POONAM SAPATE I HAVE GREAT EXPERIENCE OF 2 YEARS View Full Profile
Total Answers Given : 25
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  • What is Registration Law?
  • Which Law is applicable while Registration of a Property?
  • Is it necessary for Registration of Document?

Humans enter innumerable transactions in their lives. Law trusts some of these to be appropriately known by all in the larger interest of the society. Thus, the idea of registration of certain human exchanges by State advanced. To guarantee this, State made the necessary policies.

What is Registration Law?


Registration of the documents of sale and purchase of immovable property is mandatory and ensures conservation of evidence, prevention of fraud and assurance of title. The law of registration of documents is contained in the Indian Registration Act.

Laws Applicable on Registration?


The major legislation in India is the Registration Act 1908.

The reason for the Registration Act, in addition to other things, is to give a strategy for public registration of documents in order to offer data to individuals with respect to lawful rights and commitments emerging or influencing a specific property, and to sustain documents which may a while later be of legitimate significance, and furthermore to counteract extortion. Registration loans sacredness and significance to specific classes of documents.

As per the Act, registration of immovable property is mandatory, section 17 states that a immovable property having value more than Rs.100/- has to be registered.

As per the Act, registration of immovable property is mandatory however, Section 17(2) of the Act speaks of some documents which despite being related to immovable property do not necessarily have to be registered.

Section 18 of the Act talks about the documents whose registration is optional. The registration of Wills is optional. Leases of immovable property for a term not exceeding a year is optional.

The time limit for a document (apart from a will) is 4 months from the date of its execution. Section 23A talks about the re-registration of some particular documents, Section 26 about a particular power of the registering officer. A document executed outside India is not valid unless it is registered in India.

As per Section 28 of the Registration Act, document affecting immovable property mentioned in Section 17(a) to 17(e) and Section 17(2) should be presented to the Sub-Registrar’s office within whose sub-district the portion of the relevant property is situated. For the remaining types of documents, as per Section 29 of the Act, the office of the Sub-Registrar within whose sub-district the execution of the document took place.

In case a representative is presenting a document for registration, he/she must possess a Special Power of Attorney to do so, a General Power of Attorney would not suffice.

The Registrar does have the power to refuse registration on certain grounds, some of them are; the presentation of a document by a minor, document being presented after the limitation period of 4 months, concerned property being outside his jurisdiction, etc. However, undervaluation of stamp duty is not a ground for the Registrar to refuse registration.

On the off chance that a document which is required to be register under Section 17 or under policies of Transfer of Property Act, 1882 isn't registered, the impact is that such un-registered document does not influence any immovable property in that it can't be used as evidence of any exchange influencing such property. Hence, the document winds up plainly pointless for every pragmatic reason. However, it may be acknowledged as evidence in criminal procedures.

Necessity of Registration.


Registration of the documents of sale and purchase of immovable property is necessary and ensures conservation of evidence, prevention of fraud and assurance of title.

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