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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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  • What is Tort?
  • What is Tort Law?
  • What are the Important Aspects Torts?
  • What are the General Defences to Torts?
  • What are the Types of Torts?

What is Tort?


The origin of the word tort is the latin word ‘tortum’ which means ‘to twist’. Tort does not have a standard universal definition but the generic idea is that tort is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. Not all civil wrongs are torts.

What is Tort Law?


Tort law in India is a relatively new common law development supplemented by codifying statutes including statutes governing damages. While India generally follows the UK approach, there are certain differences which may indicate judicial activism, hence creating controversy. Tort is breach of some duty independent of contract which has caused damage to the plaintiff giving rise to civil cause of action and for which remedy is available. If there is no remedy it cannot be called a tort because the essence of tort is to give remedy to the person who has suffered injury.

Important aspects of Law of Torts:


For an act to constitute a tort, it must satisfy certain conditions, there must be some act or omission on the part of the defendant, which in turn should have resulted in legal damage (injuria), i.e., violation of a legal right vested in the plaintiff.

The relevant factor for commission of tort is the presence of a ‘legal damage’ which need not be causing actual tangible damage, whereas, an act which is causing some substantial damage but not a legal damage would not constitute tort. For example, in cases of trespass, the person trespassing may not damage the property he entered but would still constitute a legal injury, whereas, in case a competitor due to whatever legal reasons may cause massive losses to another person but would still not have committed a Tortious act.

Torts don’t necessarily stem from Statutes only and can stem from common law principles. Torts in India stem like the other common law jurisdictions stems from both statute and common law.

General Defences to Torts:


There are certain defences which are of a generic nature and can be availed in most of the tort cases. They are the following-

  • Volenti non fit injuria – this refers to voluntary assumption of risk. When someone suffers harm with their own consent then it acts as a complete defence for the defendant. However, mere knowledge of the risk(scienti non fit injuria) does not imply consent, for example, if a driver is forced by his employer to drive a vicious horse and he drives that under protest, then he will be entitled to claim such compensation in case an injury is caused to him(Bowater v. Rawley Regis Corporation). Doctrine does not imply to rescue cases though.
  • Plaintiff the wrongdoer – No action arises from an immoral cause. If the harm suffered by the plaintiff is fundamentally linked with the wrong act of himself then the defendant may use it as a defence. For example, if the plaintiff drives an overloaded truck despite strict instructions not to, and eventually suffers harm due to the bridge breaking, then the defendant has a defence available. However, plaintiff is not disabled from recovering in tort unless some unlawful act or conduct on his own part is connected with the harm suffered by him as part of the same transaction.
  • Inevitable Accident – An unforeseeable & unavoidable accident in spite of reasonable care taken on defendant’s part acts as a defence. Inevitable refers to a situation wherein it was not avoidable by the precautions which a reasonable man would have implemented.
  • Act of God – It is similar to the idea of “Inevitable Accident”, but the forces here are forces of God/Nature, i.e., floods, storms, etc. It acts as a defence to the idea of “Strict Liability”.(summary of ‘strict liability’ is below)
  • Private Defence – Law permits use of reasonable force to protect one’s person or property. However there should be presence of an ‘imminent threat’.
  • Mistake – Mistake, whether of fact or law, is generally not a defence for torts. However, in torts requiring malice as an element, the liability does not arise when the defendant acts under an honest and mistaken belief.
  • Necessity – An act causing damage if done under necessity to prevent greater evil is not actionable even though harm was caused intentionally. For example, throwing goods overboard a ship to lighten it for saving the ship and persons on board the ship.
  • Statutory Authority – When an act is done under the authority of an Act, it is a complete defence and the injured party has no remedy except for claiming such compensation as may have been provided by the statute.

Types of Tort Law


There are three primary categories of tort law- intentional torts, negligent torts and strict liability torts. In India the concept of absolute liability also exists which shall be spoken of later.

  • Intentional torts are those torts which are committed with the intention of undergoing an activity which would end up in causing injuria (violation of legal right) of someone for example trespassing or battery(harmful or offensive contact with another person).
  • Negligent torts are those torts that are born out of negligence on part of person and not because of the intention to cause a legal harm to someone, for example, if someone breaks a cup in anger part of which end up hurting someone else. Then there are strict liability torts, sometimes seen as product liability torts, these are torts when there is an imposition of liability on a party even in the absence of finding of a fault like a tortious intent or negligence, for example the production head of a company being strictly liable even for a fault committed by a labourer working under him.
  • The concept of strict liability was discussed in the case of Rylands v. Fletcher. In this case, the defendant had constructed a water reservoir which his hired engineers ended up building on top of an abandoned coal mine, Rylands (the defendant) was unaware of this fact. Eventually the reservoir broke down and ended up harming Fletcher’s coal mines for which a lawsuit was subsequently filed. Rylands was held “strictly liable” and it was observed that a person who for his own purposes keeps on his land anything with the potential of causing mischief will be prima facie answerable for the damage which happens as a natural consequence of its escape.

In India, there is a unique concept known as the principle of “Absolute liability”. In the case of ‘M.C. Mehta v. Union of India’ there was leakage of oleum gas which caused harm to the people exposed to the gas leak. It was in Court’s mind that an year ago Bhopal Gas Tragedy had happened hence Court gave a judgement befitting of a crime of a nature which has the potential to cause such great tragedy. The ratio followed here was similar to the concept of Strict Liability with the addition of ‘Absolute Liability’ not being subjected to any of the exceptions or defences of the rule of Strict Liability.

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