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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

18 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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Consult Top Software License Lawyers in India

Pawan K Pandey

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Mumbai City , Maharashtra

Specialization

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VIvek Mapara

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Ashish

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Dhanashree v

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Jeshma Mohandas KP

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ayush arora

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Aprajita Pundhir

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Corporate Lawyer, Insolvency Professional, GST Practitioner and a Fellow CS with over 15 years of experience in Corporate Legal and commercial Advising, Contracts drafting & management, Employee Relationship, Restructuring, GST, IPO, M&A, FDI, ODI, Start up, Intellectual Property, Private Equity. View Full Profile

Dimple Gupta

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New Delhi , Delhi

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Raja Satyajit Banerjee

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Kolkata , West Bengal

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Joydeep Nath

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  • What is Software Licensing?
  • What are Software License Laws?
  • Which Specific Laws regulate software Licensing?
  • What is the Importance of Software License?

Enabling an individual or gathering to utilize a bit of software will be Software licensing. Almost all applications are licensed as opposed to sold. There are a wide range of sorts of software licenses. Some depend on the number machines on which the licensed program can run though others depend on the quantity of clients that can utilize the program. Most PC software licenses enable you to run the program on just a single machine and to make duplicates of the software just for reinforcement purposes. A few licenses additionally enable you to run the program on various PCs as long as you don't utilize the duplicates all the while. A software license (or software license in region use) is a legitimate instrument administering the utilization or redistribution of copyright secured software.

What is Software Licensing?


A software license is a legal instrument usually by way of contract law, with or without printed material governing the use or redistribution of software. Under copyright law all software is copyright protected, in source code as also object code form. The only exception is software in the public domain. A typical software license grants the licensee, typically an end-user, permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright law.

Software licenses are categorised as following-


  • Proprietary software is software which is the legitimate property of one party. The terms of utilization for different parties is characterized by contracts or licensing agreements. These terms may incorporate different benefits to share, adjust, and utilize the software and its code
  • A free software license is a software permit which gifts beneficiaries rights to adjust and redistribute the software which would some way or another be denied by copyright law. A free software permit awards, to the beneficiaries, flexibilities as consents to change or disperse copyrighted work.
  • Open source software alludes to any program whose source code is made accessible for utilize or change by clients and is made unreservedly accessible. Open Source empowers the clients to see and adjust the source code.

What are Software Licensing Laws?


There are no specific laws on software licensing in India. A computer Software Contract is governed by the principles of Indian Contract Act,1872. If the software is taken as goods then The Indian Sales of Goods Act,1932.
In the case of TCS the Apex Court considered computer software as goods. Even Intellectual Property once put into a media such as CD or DVD is considered as goods.

Specific Laws regulate software Licensing


Software licence are regulated by the Copyright Laws, Contract Laws, & the Trade Secret Laws.

  • Copyright’s Law – it has been framed in accordance with the changes demanded by TRIPS.
  • Contract Law- breach of contract under section 75 can secure the infringement under software licensing agreements. The infringement of the states of license is however subject to translation and rationale. The licensor however can secure such license by explicitly giving the terms and conditions under the assertion identifying with the rights and liabilities of the licensee and licensor himself. Just issue common in the viable market is the "standard terms" of the license which the licensee frequently overlooks while tolerating the license before downloading the software. The Indian courts have a cracked sentiment with respect to these STANDARD TERMS. Some have favoured the merchants and some have favoured the licensee
  • Trade Secret Law talks about protection of undisclosed information
  • Income Tax- software licensing, income emerging from permitting 'right to use' of Indian software purchasers is really offer of copyrighted article which does not include exchange of copyright and such receipt isn't royalty under Sec 9(1)(vi).

Importance of Software Licensing -


Businesses must be savvy in the licenses they purchase to ensure firstly they are using software legally and secondly, they aren’t paying for licenses that aren’t being used. By acquiring too many software licenses you’re wasting company resources, without enough you leave yourself liable to a potential lawsuit (which is quite costly). Finding the right license agreement can also make it easier to manage software in your company.

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